WomanSavers.com Forum / GENERAL / Should I sue?

Hi!

Resident Drama Queen here...

No, really-as per usual something smelly has hit the fan.

At my new job I was hired to guard a resident at a retirement home as this person was aggressive towards the other residents. Amongst other things, this person had threatened another resident on his life.

Long story short-I end up in the ER. The resident also beats up another male personnel. So staff called the police. We also both got threats to our lives, but luckily I got out of the ER after a couple of hours and the guy didnt even go.

When I got from the ER, some guy is guarding the resident, and I am told the guy is a friend of the agencys booker: they had no-one but me to be there. Everyone thinks I have gone home sick, because my boss has told them that.

I´m the only one who doesnt know anything, because no-one at my agency has called me after the attack.

So I go home alone, get up the next morning and back to work.

And the exact thing happens again. The resident attacks me, two male personnel and when the police comes, them too. So this person finally got admitted to psychiatric hospital.

All of these events automatically makes me elligible for financial compensation for work related damages.

But...the following days are chaotic, I go into chock, my agency cant find a crisis counsellor and instead, they call me up to make me do their formal paperwork on the insurance claim for them.

Three days later, my boss calls me and says: "You know what? We think its so sad for you that you have been hurt so we´ll send you a check for 1000$".

I have found out that there is a seperate insurance claim that is not public, but one I can make privately through my union or lawyer. If there are circumstances surrounding the "damages" that are at the employers fault, then they have to pay up.

And THAT-is the whole thing. I was supposed to have an employee from the agency taking me to the ER. To have gotten crisis counselling within the hour, and to NOT have been put on the task again the following day.

Crisis counsellor says they ought to pay for psychological damages, since I was and still am in a very bad state.

But if I sue, I might lose and then I am sure to have lost my job. What do I do? I am pretty sure the check was to keep me happy and working, so I wouldnt spend too much time thinking if they ought to be blamed. 

Sorry for the long post. I´m mad and I feel crappy.

Yasmina

Don‘t know what it is like in your country, but I know 1st hand if you sue someone here It had better be a slam dunk rock solid case worth lots of money.  Most cases don‘t go to court, they are told to be settled in the hallway.  Which means take whatever you can get and call it a day.  If it does go to court, and you win that is all you get.  A piece of paper that says you win.  Next you have to pay for the Sheriff to go out an try to collect the money.  But prior to doing that, you have to pay the sheriffs fee, fill out the forms, including the persons name, title, (Sr. junior, Ms. Mr. etc.c etc.) social security number, bank account number, residing address, business address, license #, etc., etc.

If I knew all that stuff I could probably go collect on him myself.  Sheriff told me without it there is nothing we can do.?????????????????????????????

Don‘t waste your time or energy, concentrate on moving forward.  JMHO

Actually, I dont have to do much. If I make the claim, then the rest goes pretty much automatically.

We have to seperate laws on compensation for work damages. One is for the actual damage, the other is for accountability. The question is if I want to go forward with the accountability claim. Its the same judicial procedure, same documentation. Only difference is that I have to instigate this one, the claim is still made on my behalf by the State and the Union-I dont have to pay anything.

Yasmina

Hi, Sweetie!

Thanks for asking

Yes I am much better than I was a few days ago.

The person who attacked me was one I was hired to guard and was right after admitted to a closed psychiatric unit, so I´m safe.

And I am currently seeing a crisis counsellor, who is a great help so I feel protected.

I started working three days laters, as I dont get paid sick leave-I  have to work. Crisis counsellor tells me I run the risk of going crash and burn psychologically, but I this is like an informed decision: I have to pay rent. IF I crash and burn-then she will help me sue, the crisis sounsellor has said.

Apart from that...how are things with you? I dont spend enough time here. I´ll try to get into chat tomorrow this time if you are there

hugs,

Yasmina

I would agree with the advice about waiting to see if the agency handles this properly but I‘d also be ready to take them to the mat if they don‘t cover your expenses long-term.

Since the individual likely had a previous history of this type of behavior you should have been warned of and prepared for his combativeness.  After all, he did it again, didn‘t he?

oh my goodness!!!!

How was the job going before this? Sorry I don‘t get on to much anymore, but I hate to hear about this!

When my friends mom got out of the hospital the only place that had room for her to be in a temparary assisted living home was a nut house in savannah (about 1 hour drive from here)

One visit; there was a guy that was standing in the hall as we were going through... he reached over to my friend‘s mom who was in a wheelchair at the time and grabbed a huge patch of hair out of her head. There was nothing we could do. the people that worked there responded very quickly, but... you know what can you do. He is crazy :(

I cried for her the whole way home. Luckily she only spent a couple months there. unfortunatly the home she came from isn‘t any better (but I‘m wokring on that one)   

Yasmina, I‘m so sorry this happened to you!  In my opinion, "they‘re" already handling it wrong, i.e., offering you $1,000 (which no doubt that little check comes with a piece of paper for you to sign that NO DOUBT says, you are/will never hold them accountable for this situation), sending you back to the same duties, no one has even checked on your condition, making YOU fill out THEIR paperwork, etc.  I wouldn‘t wait on this one.  I‘d talk to a lawyer and/or my union representative ASAP.  Some lawyers do free consultations.  I know you may feel funny about doing that since you just started there, but right is right and wrong is wrong.  You need legal help, IMO.   I feel for you and hope you feel better soon!

Bless You Yas

I hope you feels tons better soon.

I wonder if any recent risk assessment had been carried out on this guy and if so why it wasn‘t identified that perhaps TWO members of staff could have been allocated to him. As opposed to ONE FEMALE member of staff. Here in England we have really strict rules concerning things like this.

Yas I think you should talk to your union rep and keep a written log of everything thats happened to date and has yet to happen. I would question if policies and correct proceedures have been followed here?? Bigtime!! My guess is they havent hence the offer of the cheque! I reckon some one somewhere knows they have cut corners in favour of finances versus staff welfare. JMHO

In view of YOU having to fill out paperwork etc and not being given appropriate care following such an awful incident, thats awful and some one somewhere should "pull somebodies socks well up".

Gosh and to think we all wished you well with this job? Maybe‘s scout for a new one in the meantime too Yas?  I say do what you can to put it right for you and others that may come to work there after you.

T

Hi guys!

Thank you for your support-it honestly means a lot and it keeps me from just brushing it all off and being to nicey-nicey-letting people walk all over me.

For the meantime, I just sit tight and wait it out a bit more.

But the situation was for sure absurd. Tula, no, there was no assesment of the person. Actually, another agency had been put on the assigment and withdrew because they gave up. The management and the residents doctor knew that the persons behavior had gotten seriously worse, but stalled in making a decision as what to do next.

As for the paperwork, the management actually had me filling out the damages form while the medics and the police carried the person kicking and screaming out on a stretcher-so I couldnt have made much sense. Cant even remember what I wrote.

The crisis counselling situation was just as absurd. The reason WHY I didnt recieve counselling rigth away was because my agency tried to strike a deal with the management of the home to have their counsellor treat me, in order to split the cost.

Even more absurd, one of the agencys bookers escorted me to the first counselling session, and handed the counsellor a check to pay for the therapy. When she put it on the table I saw my (mispelled) name on it and the amount of 1000$ (I hadnt recieved my check in the mail as they told me I would) I told the counsellor what they had told me. She got really angry on my behalf and got out, the office, refused to take the check and made the booker correct my name so she could give it back to me.

They actually tried to make me pay for my own therapy! In the third session, the counsellor told me they still hadnt gotten a clear answer from the agency IF and how long they were going to pay for my counslling. They kept trying to sneak around it.

When I read this myself it sounds totally..unbelieveable. I would have thought it was a joke if I hadnt experienced it myself.

So, I guess I´ll slowly be looking for another job then...

Thank again for letting me blabbering on..

Yasmina

OMG!! Yas, I am so sorry this happened to you. I would do my on investigation as to why there was only 1 person guarding this patient. Here in the states if the pastient is considered dangerous there must always be two people with the patient. Sometimes there is a need for more but usually that involves the police.

I am glad that physically you are okay. Keep up the counseling and definetly look for another job.

yas, please take care of yourself. its your first job.

here, if you sue your employers, you can not be fired before the outcome of the lawsuit.

take care and hit ‘em where it hurts. in the pocket.