There are times being a service provider to individuals with developmental disabilities, their family, and staff has its disadvantages. One of these times is when an assault occurs. A staff member may be assaulted while in one of our centers, while in a family home, or in the community. If you are the victim of an assault at work or on a work-related activity, the following procedures are recommended.
1. Contact the proper CCBDD authorities.
2. Contact ACCESS President, Gloria Stansberry.
3. File all appropriate police reports. Press Charges against the assaulting individual.
4. Go to a doctor. Get a doctor’s statement if there is even a remote possibility of personal injury.
5. Take pictures, if relevant, and possible, of injuries or property damage.
6. Review Article 36, Assault Leave, of the Collective Bargaining Agreement (CBA):
• follow the timelines for reporting to your supervisor and obtaining medical treatment;
• you may qualify for up to five days of paid assault leave;
• complete and submit the ACCESS-CCBDD Leave Form (Appendix D of the CBA) and the required physician’s statement; and
• complete and submit the Work-Related Injuries (Assault) Form (Appendix G of the CBA).
7. Avoid talking to anyone representing the assaulting individual without prior counsel.
8. Inquire from the HR Department which papers and forms are necessary for possible Workers Compensation Claim.
9. Write down as soon as possible after the assault incident all particulars of the situation, including names, witnesses, date, time(s), location, and general conditions.
10. Contact an attorney to consider a civil claim. Any person who has been willfully and maliciously assaulted by a minor may recover up to $10,000 in compensatory damages from the parents having custody of an unmarried child under the age of 18.
11. Remember, OEA members are covered by the OEA/NEA Legal Services Program (LSP) if charges are filed against you.