What are my rights if I was assaulted at work by another employee? 11 Answers as of March 27, 2014

He was fired but I was never given any counseling. I self medicated with medical cannabis due to re-occurring nightmares. Last week I was bitten by a cat on the work property and was told I HAD to go to their clinic not my own doctor, so I had to have a drug test and it came up positive for the marijuana, which I told the HR person I had used due this person assaulting me. The HR woman said to me 'well, he's not here anymore’, but he's still in my head. Do I have the right to sue my work for not providing a safe work environment, if they try to fire my over the cannabis use? I never smoked before work only when I woke up with nightmares. Please can you tell me what my rights are?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You have a workers compensation case. Pursue the criminal case against him also.
Answer Applies to: Michigan
Replied: 3/27/2014
KEYL ADR Services, LLC | Mark D. Keyl
I suggest you file a workers compensation claim for psychological problems caused by the assault. Unfortunately, there is nothing to protect you from illegal drug use. You should have gone to your Dr. for help or a referral.
Answer Applies to: Mississippi
Replied: 3/19/2014
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answer Applies to: California
Replied: 3/17/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Think you have overeacted. Having a nightmare is not a legal or practical excuse for use of contraband.
Answer Applies to: North Carolina
Replied: 3/12/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, see a workers comp lawyer.
Answer Applies to: California
Replied: 3/12/2014
    WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
    I find no assault in your facts, other than the cat assaulting you. You can not have the cat arrested. As to the self medicating, that is illegal in GA, even if you had a valid reason. Ga does not allow medical marijuana. Employer had right to have you go to their doctor, since on the job injury. Employer had right to test you. Sometimes you smoke and loose.
    Answer Applies to: Georgia
    Replied: 3/12/2014
    Fox & Fox, S.C. | Richard F. Rice
    Make a worker's compensation claim. Contact an attorney if needed.
    Answer Applies to: Wisconsin
    Replied: 3/12/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You have a potential criminal case against the person that assaulted you and a potential worker's comp case for your physical and psychological injuries. Consider consulting an experienced worker's comp lawyer.
    Answer Applies to: Alabama
    Replied: 3/12/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You MIGHT have a worker's comp case, and could well be dismissed for a violation of the drug policy. Hope you at least have an Rx.
    Answer Applies to: Michigan
    Replied: 3/12/2014
    Gates' Law, PLLC | Thomas E. Gates
    They can and will likely fire you since you do not have a doctor subscribed order to use cannabis.
    Answer Applies to: Washington
    Replied: 3/12/2014
    Bretz & Young
    Bretz & Young | Matthew L. Bretz
    You can pursue a work comp claim for the assault if it occurred during the course and scope of your employment. You might also be able to pursue a work comp claim for the cat bite if the drug use did not contribute to the incident. Where do you work that you have contact with cats?
    Answer Applies to: Kansas
    Replied: 3/12/2014
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