I suffered severe emotional distress and now have symptoms of PTSD and also suffered a physical injury that has resulted in numerous doctor visits?
Your question on the one hand lacks important information and on the other, you should not go into details on this site as it a public forum for all to see and read. As a generality, it is clear that sexual assault is not within the description of any job duties; is not to be allowed to occur - and certainly not reoccur; and raises issues not only covering workers compensation law but also intentional torts (assault, battery; intentional/negligent infliction of emotional distress; etc.). You want to consult with a personal injury attorney to begin with; and then see where it goes, depending on a full analysis of the facts based on a sit down consultation, which will be free of charge. I handle both fields, if you want to call; but definitely talk to an attorney right away. Intentional tort cases have only a one year statute of limitations period to commence suit, which starts to run as of the date of assault - so time is of the ensense. Good Luck.
Jeffrey I. Schwimmer, Esq
20 Vesey Street - Suite 1200
New York, NY 10007
If the sexual assault occurred at work, then it may be a workmen's compensation case. If a third party committed the assault, then it may be a personal injury case. If it occurred at work, then it may be an employment matter. In any case check AVVO tsp for find lawyer for the category of the case.
You need to consult with a personal injury attorney. Unfortunately cases like this depend largely on your ability to "collect". Intentional torts are not covered by insurance and too often the dead beats perpetrating thes acts are usually "judgement" prrof with little or no assets. You should consult with an attorney however as there may be facts which may be relevant to bringing a more viable claim. If the case is related to the acts of an employee, you may be able to make a claim against the employer if the employee was acting within the scope of his employement. Depending on where the incident occurred, you may also have a claim of negligent supervision.
Get a consultation with a good PI attorney.
It is very difficult to answer your question without further discussion.
Herbert Tan, Esq.
The Mack Cali Building
One Bridge Plaza North, Suite 275
Fort Lee, New Jersey 07024
305 Broadway, 14th Floor
New York, New York 10007
Member of National Employment Lawyers Association (NELA)
Presumably, you filed charges against the perpetrator, as sexual assault is a crime, especially if you suffered a physical injury during the crime, thereby making the DA responsible for carrying the weight of the investigation and prosecution. Your personal injury attorney can be greatly assisted by this, although the civil action has a shorter statute of limitation than may be afforded by the length of the investigation, prosecution of the matter.
I am sorry to learn of this unfortunate incident. If you would like to contact me by phone or email, and give me more details, I will see whether I can help you, or recommend another attorney who can represent you. As some other lawyers on Avvo advised you, the time to start a lawsuit is one year from the incident.
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