Assaulted on J1

BeardedBadger

Working as a doorman in a pub and I refused entry to an underage j1 student (I am also on a j1). Originally the lad was ok with it and walked away to about 10 feet. When I turned around to check ids he ran and attempted to burst through the door. I stopped him doing this and attempted to reason with him. He then grabbed my legs and tip tackled me on to my shoulder dislocating it in the process.

The medical bills are starting to add up and I may require surgery.

Do I have any legal grounds here or can this lad just fly home and leave me stuck with all the costs and a ruined summer?

All help is much appreciated.

MarkAnthony

Solicitors in the US are called lawyers. Have a word with one.

4ensic15

MarkAnthony wrote: »

Solicitors in the US are called lawyers. Have a word with one.

They don't have solicitors in the United states.
Lawyers are called attorneys. Have a word with one.

Pat Mustard

Hi OP,

The first thing that you should do is to report this matter to the police.

If you have travel insurance of any sort, make sure to let your insurers know about your injuries asap.

If there is any CCTV footage, try to get a copy or at least let it be known that it may be called for.

Make sure to go to a doctor first, before you see any attorney. I'm guessing from what you have said that this has already been done.

Lastly, if you are going to be out of pocket, see an attorney about your prospects for litigation. It should be remembered that the type of people who carry out assaults of this nature are often people who do not have means, so it is possible that he may not be able to pay. However, not having all of the facts, I'm not sure if there is a case to be made against any other party, possibly including your employer.

You can enquire if there is any criminal injuries compensation scheme but I doubt it.

Sorry to hear about this and best of luck.

BeardedBadger

Pat Mustard wrote: »

Hi OP,

The first thing that you should do is to report this matter to the police.

If you have travel insurance of any sort, make sure to let your insurers know about your injuries asap.

If there is any CCTV footage, try to get a copy or at least let it be known that it may be called for.

Make sure to go to a doctor first, before you see any attorney. I'm guessing from what you have said that this has already been done.

Lastly, if you are going to be out of pocket, see an attorney about your prospects for litigation. It should be remembered that the type of people who carry out assaults of this nature are often people who do not have means, so it is possible that he may not be able to pay. However, not having all of the facts, I'm not sure if there is a case to be made against any other party, possibly including your employer.

You can enquire if there is any criminal injuries compensation scheme but I doubt it.

Sorry to hear about this and best of luck.

Thanks for the advice.

I was met by the police straight away at a and e. The lad who did it dropped his wallet in the fracas so the cops have all his ids and bank cards.

Was at the doctor in twice already and both told me the same thing, I will probably need surgery. I was also supposed to be having rugby trials over here to come back and play in September but now I'm being told that I may never play again.

The lad who did it is studying to be a doctor in university in Ireland.

Thanks for all the advice

jackinthemix94

Ha, that'll be the end of him being a doctor most likely, if its any consolation. Sorry to hear what happened to you, what a scumbag. Sick to death of people behaving like animals and blaming it on alcohol.

6541

Lad relax, it's all part of growing up. Forget about it and move on.

Keane2baMused

6541 wrote: »

Lad relax, it's all part of growing up. Forget about it and move on.

Growing up means getting assaulted and having to suffer medical, personal and professional consequences?

Strange view of what growing up entails.

I can't add much to what the others have said OP but I wish you well and hope you get justice.

bonyn

Does your insurance cover your medical expenses?

There's no reason that guy can get off scot free. Talk to a lawyer, tell police you want to press charges... tbh i have no idea if you can squeeze cash for damages out of him, but if he has travel insurance it might cover his liability for punitive damages so its definitely worth looking in to.

Apart from that, dont let it ruin your holiday and know when to move on

funkey_monkey

Claim from him. He has assulted you, ruined your summer and potentially ruined your sporting life. Not to mention any possible long term effects of the shoulder injury. If you aren't able to play rugby it may also close some employment opportunities for you too.

I would not get concerned (guilt or pleasure) as to what affect this would have on him. Look after yourself.

Jonny303

Strange it hasn't been mentioned, surely the employers insurance is the direction this should be headed in??

I'm an employer and if one of my employees suffered this while carrying out his contracted duties, surely my insurance would be covering the damage

Sleeper12

Jonny303 wrote:

I'm an employer and if one of my employees suffered this while carrying out his contracted duties, surely my insurance would be covering the damage

Jonny303 wrote:

Strange it hasn't been mentioned, surely the employers insurance is the direction this should be headed in??

+1 on this.

Pat Mustard

BeardedBadger wrote: »

The lad who did it is studying to be a doctor in university in Ireland.

Perhaps he has the wherewithal to compensate you after all.

Get a recommendation for a good lawyer and explain the details.

It may be worth it to this medical student to compensate you adequately, prior to criminal proceedings.

BeardedBadger

bonyn wrote: »

Apart from that, dont let it ruin your holiday and know when to move on

Sadly my holiday is already ruined. I'm not able to work for the rest of the summer and won't be able to afford to stay. Currently looking in to workers comp over here but that's proving to be a pain too because I'm not an American citizen. It's looking likely that I'll be flying home by Thursday

BeardedBadger

6541 wrote: »

Lad relax, it's all part of growing up. Forget about it and move on.

I'm not sure what kind of an experience you had growing up but I feel sorry for you if it involved being attacked by drunk people for doing your job

ninebeanrows

You got into a bit of a jam. Learn from it and move on. No point ruining somebody for a little tussle. Shame you got injured.

Pretty sure you are not allowed work as a door-man on a J1 so you probably bringing more trouble on yourself if you get the cops involved.

Move on...and don't dwell on it.

funkey_monkey

Weathercheck wrote: »

No point ruining somebody for a little tussle. Shame you got injured.


Move on...and don't dwell on it.

But its okay for Daddys little doctor to smash someones shoulder? Shame - LOL!!

I'd say it would be hard to move on when you're on a waiting list for shoulder surgery and you've lost your chance to play rugby.

You wouldn't happen to know doc by any chance?

Pat Mustard

Mod note:

It's fairly obvious from what the OP said that he was seriously injured in the assault.

Comments which try to make light of the situation are not welcome.

No more of that type of nonsense and no more replies to that nonsense either.

We might move back on topic, please.

BeardedBadger

Pat Mustard wrote: »

Mod note:

It's fairly obvious from what the OP said that he was seriously injured in the assault.

Comments which try to make light of the situation are not welcome.

No more of that type of nonsense and no more replies to that nonsense either.

We might move back on topic, please.

Thank you mod, I just want to say that this was in no way a fight. There was no punches thrown. He attempted to barge past me, I blocked the door and he grabbed my leg and tipped me onto my shoulder.

I would not even be looking into this if it was a boys will be boys 50/50 situation.

bonyn

BeardedBadger wrote: »

Sadly my holiday is already ruined. I'm not able to work for the rest of the summer and won't be able to afford to stay. Currently looking in to workers comp over here but that's proving to be a pain too because I'm not an American citizen. It's looking likely that I'll be flying home by Thursday

Well as someone else said, were you working legally, on the correct type of visa?
Did you meet the regulations for working as a doorman?
Could the guy claim you assaulted him by grabbing him?
When i said, know when to move on, it's because (1) it can cost you financially (2) it can cause you stress .. on the other hand, you may be entitled to compensation, and there is no reason this guy should get off without as much as an apology

Speedwell

To the best of my knowledge and belief (from 30 years' work history in America including IT roles in multinational corporations where I worked with many visa holders), citizenship is not a factor in the granting of state worker's compensation. Some companies in some states (such as Texas) may be self-funded and have different rules, but I would be shocked to find that the rules were different for citizen and non-citizen employees. If your employer is trying to deny you compensation based on your citizenship, lawyer up. I know it's hard to find a lawyer when you have little money, but persevere; someone will consult with you free for the first hour and take your case at least on a contingency basis (if allowed where you are).