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Punched in back of head, 6 months of headaches

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

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Attorney answers 7


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 relationship.


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


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 the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


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) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


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


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 response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also terms and conditions item 9, incorporated as if it was reprinted here.


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.