Physical Assault At Work In Houston

State:
Multi-State
City:
Houston
Control #:
US-000298
Format:
Word; 
Rich Text
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Description

The document is a Second Amended Complaint filed in the Circuit Court, addressing a physical assault at work scenario in Houston. It outlines a case where the Plaintiff seeks damages from the Defendant, which includes both actual and punitive damages due to gross negligence and assault. Key features include the identification of Plaintiff and Defendant, descriptions of the incident, and details regarding the injuries suffered by the Plaintiff, which require medical interventions such as a hip replacement. The document also indicates potential parties involved, including an insurance carrier, and outlines the necessity for their inclusion in the litigation process. Filling instructions highlight that the users must provide accurate identification of parties, specific details about the incident, and any supporting medical documentation. The form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it serves as a guide for drafting a formal complaint in an injury case stemming from workplace assault, thus ensuring legal compliance and proper procedure. This form empowers legal professionals to advocate for victims and secure just compensation for damages incurred in such cases.

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FAQ

Physical abuse in the workplace is any form of physical violence or harm inflicted upon an employee by another person in the workplace. This can include things like hitting, pushing, shoving, or even throwing objects. Physical abuse can also include the use of weapons or the threat of violence.

The California Department of Fair Employment and Housing (DFEH) investigates and enforces laws related to workplace discrimination, harassment, and retaliation in the state. Under the DFEH you may only have one (1) year to file a claim based on workplace harassment.

You should take legal action through a criminal trial and then file a civil lawsuit for personal injury, lost wages, and punitive damages. It is the responsibility of employers to provide their workers with a safe work environment.

What should happen is HR takes your complaint, begins an investigation, and reports the findings to your company's personnel committee or board of directors, where the chain of command takes it. If findings are solid, the person doing the bullying is relieved of their position.

If you are the person who assaulted another employee in a violent incident at work, you could be looking at criminal charges in addition to any civil legal action that might take place. Your actions could also lead to your termination from the company, and you may be blacklisted from other employers in the future.

Fighting at work can lead to disciplinary action, including termination. A worker involved in a physical altercation in the workplace can face serious disciplinary consequences, including the immediate termination of their employment.

Immediate Steps to Take After a Workplace Assault After being attacked and injured in the workplace, you should: Report the assault. Let your supervisor and your company's human resources department or manager know what has happened. Report it verbally and follow up with a written report.

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Physical Assault At Work In Houston