Punched in back of head, 6 months of headaches

Asked almost 2 years ago - Flemington, NJ

In September I was diagnosed with a concussion after an assault at the workplace(Car dealership) by a fellow employee. He started a fist fight, i defended myself, and after our boss(his cousin, who moments earlier threatened to break my arms) pulled me away from the scene and carried me 10-15 feet away in the other direction the assaulter returned and punched me repeatedly in the head whilst I was being held by his cousin in a defenseless position. I filed a police report. And a workers comp claim and they rejected it and said they'd investigate the matter. That was months go. I called the claims adjuster and left a message she never got back to me. I haven't been able to get treatment for my occiptal neurolgia. Which is a very disabling injury. What are my options

Attorney answers (7)

  1. Michael A Ferrara Jr

    Pro

    Contributor Level 14

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    Answered . Sorry to learn. What happened with the criminal case? Who is paying your medical bills. You can file a claim in Trenton with the victims of violent crime fund.

    Please note that these answers are provided as a community service and are not meant to create an attorney-client... more
  2. Jonathan D. Singer

    Contributor Level 8

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    Answered . You need to file a petition with workers comp board. I would like to know the story including how it started.

  3. Yolanda Navarrete

    Contributor Level 20

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    1

    Answered . I agree you should be able to file a w compensation claim. You may also be able to sue the individual personally.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Retain a local workers comp lawyer for representation for your comp claim.

  5. Sagi Shaked

    Pro

    Contributor Level 13

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    Answered . Sounds like workers comp claim. It would not be covered under a regular third party personal injury claim against dealership because insurance companies don't cover intentional acts.

    Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877)... more
  6. Dennis Michael Baptista

    Pro

    Contributor Level 3

    Answered . Whether or not you are entitled to workers compensation benefits under NJ law as a result of this incident depends upon the subject matter of the fight. If the fight was over something related to the workplace (for instance which of you are entiled to the commission on a car sale) then you will be entitled to recieve workers compensation benefits. If the subject matter was non-work related (for example he suspects that you are dating his wife) then it is not considered to be a work related injury for which you can recieve workers compensation benefits.

  7. Albert Lee Crosner

    Contributor Level 19

    1

    Lawyer agrees

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    Answered . As some of my colleagues have indicated, I would recommend that you obtain the services of a local area Worker's Comp attorney who does not mind taking on a tough case. Do not try to take this on yourself.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
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