I was mugged at my workplace, should I consider legal action?
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I was mugged at my workplace, should I consider legal action?
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It happened while I was working a 3rd-Shift on Maintenance duty at my local Mall. I'm essentially a night watchman as I'm the only one in the building, but not allowed to carry any weapons on my person, etc. There aren't even any cameras inside or outside.
For my shift, I have to also go outside and clean the massive parking lot that surrounds the building - all in the dark with very few lights. Well, I was mugged while doing this one morning. I had a few injuries afterwards and fortunately I had no real valuables on me.
Even though my boss promises new rules are going into effect now, we've warned them in the past of something like this happening and yet it took an actual incident for them to finally take action. If certain things had been done earlier, the whole thing probably wouldn't have happened.
Should I consider legal action, whether seeking a lawyer and possibly filing a lawsuit something I should really consider?
Additional Details
It happened while I was working a 3rd-Shift on Maintenance duty at my local Mall. I'm essentially a night watchman as I'm the only one in the building, but not allowed to carry any weapons on my person, etc. There aren't even any cameras inside or outside.
For my shift, I have to also go outside and clean the massive parking lot that surrounds the building - all in the dark with very few lights. Well, I was mugged while doing this one morning. I had a few injuries afterwards and fortunately I had no real valuables on me.
Even though my boss promises new rules are going into effect now, we've warned them in the past of something like this happening and yet it took an actual incident for them to finally take action. If certain things had been done earlier, the whole thing probably wouldn't have happened.
Should I consider legal action, whether seeking a lawyer and possibly filing a lawsuit something I should really consider?
* I did call the police and have a report filed.
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JoJoOz
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First thing is first. You have a clear cut Workers Compensation case for your injuries (as long as you sought medical attention.) Make sure you avail yourself of this benefit, as it will be marked as "recordable" (which makes it a clear cut issue if "notification of unsafe work conditions" comes into play).
Relative to the legal action and lawsuit, you really are treading in an interesting area. On one hand, you verbally made your employer aware of the risks that they were placing you and your co-workers in via what you perceived to be "unsafe working conditions". But the employer could argue in court that they were not notified of this concern.
On the other hand, you hold a personal responsibility for your own safety , and several times courts have upheld that you are responsible in this situation to keep yourself out of harms way. You can "refuse" to perform you duties on the grounds that the conditions are known to you and your employer to be unsafe to your person. If, because of your refusal, you are relieved of your duties, then you have a valid case for wrongful termination (even in a right to work state), and OSHA violations.
If you enjoy your job and wish to keep it (and you are in a right to work state, or not covered by a collective bargaining agreement), you may not wish to go the lawsuit route until they request that you perform this duty again, you refuse, and they terminate you. |
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Me
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Depending on what state you work in your worker's compensation insurence will cover injuries and lost wages due to those injuries. As far as sueing the company because a non-employee mugged you, not a chance you will win that. I am not sure how you would even construct a reason for suing other then you just want money. My recommendation is if you feel night watch guy is not a safe position for you considering looking else where for a job. |
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J Y
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Yes, you should have a fair compensation for your lostes by sending your demands directly to your company as such your medical bill, lost of work etc. You go for the legal action if they don't agee to pay up. |
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Donna S
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And you didn't call the police? There must be a parent company that needs to know about this. Unsafe business practices... |
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Rick B
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I am very anti-lawsuit, but this sounds like a pretty good case. The only question is - what do you hope to get? Did you have any medical bills, or are you just seeking punishment for their failures?
You should consider talking to a lawyer just to see what he/she thinks.
Sorry to hear about your mugging.
Good luck! |
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Lucky Lady
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Hell yeah. |
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