Laws pertaining to being attacked

WildChildRose

A friend of a friend was attacked at work on Friday. She works for a company where they do blood-draws. Apparentally an older retarded son of one of her patients came into the clinic and then chocked her up against a wall. The police were not called and she was, I believe, just talked to briefly about it. She is scared to go to work but doesn't think she is allowed to not go. Was this handled properly? Shouldn't someone have called the police? Does she have any legal rights to take time off work after this? I just don't know what to tell her bc I have no idea.....

JOEJOEJOE

WildChildRose wrote:

A friend of a friend was attacked at work on Friday. She works for a company where they do blood-draws. Apparentally an older retarded son of one of her patients came into the clinic and then chocked her up against a wall. The police were not called and she was, I believe, just talked to briefly about it. She is scared to go to work but doesn't think she is allowed to not go. Was this handled properly? Shouldn't someone have called the police? Does she have any legal rights to take time off work after this? I just don't know what to tell her bc I have no idea.....

tell her to call the local labor board.

in_hiding79

WildChildRose wrote:

A friend of a friend was attacked at work on Friday. She works for a company where they do blood-draws. Apparentally an older retarded son of one of her patients came into the clinic and then chocked her up against a wall. The police were not called and she was, I believe, just talked to briefly about it. She is scared to go to work but doesn't think she is allowed to not go. Was this handled properly? Shouldn't someone have called the police? Does she have any legal rights to take time off work after this? I just don't know what to tell her bc I have no idea.....

What the fuck? Retarded or not, that kid needs to be locked away or she should have beat the living shit out of him! Why was the police not called? That is just ridiculous!

WildChildRose

I dont know. it just seems like it was handled all wrong. They should have called the police and reported the incident. And they should not expect their worker to return to work until some proper counseling or time off has been accomplished. Do you think FMLA covers this? (Family Medical Leave Act)

in_hiding79

WildChildRose wrote:

I dont know. it just seems like it was handled all wrong. They should have called t home witthe police and reported the incident. And they should not expect their worker to return to work until some proper counseling or time off has been accomplished. Do you think FMLA covers this? (Family Medical Leave Act)

I am still in shock that the police were not called and this idiot kid is still at home. This is crazy! :eek:

jordn6971

in_hiding79 wrote:

I am still in shock that the police were not called and this idiot kid is still at home. This is crazy! :eek:

What should they do with this kid? Just lock him up because he doesn't know any better. I agree it was handled wrong, but the kid is 'retarded'

Blackeyedangel

jordn6971 wrote:

What should they do with this kid? Just lock him up because he doesn't know any better. I agree it was handled wrong, but the kid is 'retarded'

The kid may be retarded but there is no excuse for him to be out terrifying people if he is a danger to others, which he apparently is from the sound of this thread.

worlie

i have worked for mhmr facilities before, and what should have happened is this....

1. report the incident immediately to supervisor. If supervisor refuses to handle it, report it to their supervisor.
2. if they are hurt, they need to file a workers comp claim and receive treatment. as part of the workers comp, they should be covered for leave to recover, even if they put them to work in the office.
3. if this is a state agency, the agency should have procedures in place for reporting.
4. this business should do risk mgmt training, including training in a "self defense" against clients (like restraints, deflection training). if they dont, your friend needs to ask for it.

WildChildRose

i dont think the retarded kid should get the book thrown at him but I do feel like my friend's friend got the bad end of the deal. Her company should be handling this better and giving her time off after this ordeal. Most places have something called an Incident Report. Thats what should have been filed I believe and then go from there.

in_hiding79

jordn6971 wrote:

What should they do with this kid? Just lock him up because he doesn't know any better. I agree it was handled wrong, but the kid is 'retarded'

Hmmm, he should be in a home with kids who have similar outbursts...hello?

Seriously he doesn't know better? Maybe it is the Parent's fault...I don't know, the whole thing is crazy!

josevolution

WildChildRose wrote:

i dont think the retarded kid should get the book thrown at him but I do feel like my friend's friend got the bad end of the deal. Her company should be handling this better and giving her time off after this ordeal. Most places have something called an Incident Report. Thats what should have been filed I believe and then go from there.

no doubt the incident report should of been the 1st thing filled out and then called the cops and what happened to the parents of the kid where they there to supervise him wtf ....

WildChildRose

Well the father was in the car with him, watching him. But he had to use the bathroom or something so he went in. The mother was getting her blood drawn. This "kid" I should explain, he's 42 but he's got the mental capacity of a 5 yr old.

sennin

If no one from her work will call the police, she should call the police to file a report. Even if the police can't do anything at this time.....at least there is something to reference in case something else happens in the future.

Get_Right

Police?
You may have a hard time proving that a crime was committed by a person with mental health issues-depending on how severe. Most prosecutors would not touch a case like that. He assaullted her, but there is a mental defect.

The question that needs to be asked is why was there no security guard> Has it happened before and was the office negligent in failing to provide a security guard, its admission of the retarded person, or in its treatment of the matter after it happened.


Any office that would not give a day or two off after an experience like that is not a place that one should work, but I am not aware of any entitlement to time off in such instances.

Get_Right

josevolution wrote:

no doubt the incident report should of been the 1st thing filled out and then called the cops and what happened to the parents of the kid where they there to supervise him wtf ....

include the parents in my diatribe of being negligent
and should your friend be fired for taking time off, you would have a sympathetic case for wrongful termination.

BridgeBitch

This unfortunately does not fall under FMLA. FMLA is for injury that occurs which requires you to have ongoing medical treatment, miss at least 3 days of work, or serious enough for an overnight stay in the hospital. It's also for caring for family members with the same requirements as well as for birth and adoption.

Her work should have some sort of violence at work policy, which usually includes customers or people in the worplace.

If she was injured she should see a doctor and file an L & I claim. She may even be able to file a claim under mental duress. L & I usualy does not uphold these claims unless it is a case of a single extreme episode that would cause mental duress, and this seems like it might fall under that.

She can also file a police report on her own, even if her work did not.

Most employers these days would give the employee time off and counseling before returning to work. Does her work provide an EAP? That would be a source for counseling as well.

justjoshingu

at the very least it creates a hostile work enviroment. she can still do stuf but the longer it takes the harder it will be for her.

lalalalaaaaaaaa

I'm pretty sure attacking someone is illegal.

Heineken Helen

sennin wrote:

If no one from her work will call the police, she should call the police to file a report. Even if the police can't do anything at this time.....at least there is something to reference in case something else happens in the future.

absolutely... if something happened me where I thought the police should have been called. I wouldn't get annoyed that nobody called them, I'd call them myself. I know HERE you could insist that an incident report be filed (not that she should HAVE to) and if I felt I needed time off work I'd take it... and fuck them if they don't think I'm entitled to it.

WildChildRose

Thanks for all your responses. I will tell her about what was suggested. I don't know what (if any) programs her work provides.