Workers or employees' health and safety should be paramount in any workplace. When an unfortunate incident like assault happens, it raises several questions about the legal options an employee will have in that kind of situation. If an employee or co-worker has assaulted you, you could wonder whether you will qualify for damages for your losses.

The answer is yes, but you need to act quickly to increase your chances of securing a favorable outcome on your claim. With the help of an experienced attorney, you can hold both the colleague who assaulted you and your employer accountable for tolerating a hostile work environment or refusing to take necessary measures to ensure the workplace is safe.

Workplace Assault at a Glance

Unfortunately, assault could occur in places you would never expect, including your workplace. Many people do not know it, but workplace assault does not always involve physical violence, like punching, pushing, or pulling another person's hair. Generally speaking, workplace assault could involve the following:

  • Intimidation and bullying

  • Sexual harassment

  • Threatening conduct

  • Work-related homicide, suicide, or killing

  • Intentional and willful infliction of mental or psychological trauma

  • Assault with a dangerous weapon, including a knife

Unfortunately, workplace assault could occur at any time while at work, including during overtime shifts, regular work hours, parking areas of the business building, and business washrooms. However, certain employees are more prone to workplace assault and violence than others, including:

  • Nightclub employees

  • Prison wardens

  • Sport coaches

  • Security guards

Regardless of your job, you have legal options if a colleague has attacked or assaulted you. Ensure you consult with a seasoned attorney to know your legal options.

What You Should Do When a Colleague Assaults You at Your Workplace

If a colleague has assaulted you at your workplace, what you will do afterward is vital and can mean the difference between losing the case and receiving maximum compensation for your claim. Vital steps to consider include:

Seeking Medical Attention

If your workplace assault is sexual-related or you sustained a bodily injury, seeking medical attention should be your priority. A doctor can help determine the severity of the injury and offer the necessary treatments. Remember to keep your medical cost receipts as evidence of your financial losses resulting from the injury.

Document the Entire Incident

If you can, document every detail of the violence or assault incident, including the location, date, witnesses, and time. Photographs and videos of your injuries could help strengthen your compensation claim.

Report the Assault Incident to the Police

While it is not mandatory in a lawsuit, reporting the workplace assault incident to law enforcement authorities will provide helpful documentation that strengthens your claim. Reporting the case to the police also attracts criminal charges against the assaulter.

Report the Assault to Your Supervisor or Employer

Many times, failing to report the assault case to your supervisor or employer could raise doubts about the credibility of your claim. Ensure you follow all the internal reporting steps your employer or company has in place.

Hire a Personal Injury Attorney

Ensure you speak with an attorney as soon as possible to discuss the details of your unique case and available legal options to secure favorable compensation for your losses.

Your Legal Options When a Colleague Assaults You at Your Workplace

If you sustained an injury in your workplace, it is vital to understand your legal rights and available legal options to secure compensatory damages for your losses. If a colleague has assaulted you at your workplace, you should do everything you can to protect your best interests and stand a chance of securing a favorable outcome on your claim:

File a Report of the Incident With the Police

As mentioned, the police report about the incident is not mandatory in a lawsuit but can help strengthen your claim. Here are some of the key benefits of reporting a workplace assault incident to the police:

  • It prevents the defendant's defense attorney from doubting your credibility because of the report’s absence

  • It tells your employer that he/she should take your charges with the seriousness they deserve

  • If the court convicts the defendant or assaulter at trial, the report can help extend the deadline for filing your lawsuit

File the Assault Incident Case With Your Employer

While it is not mandatory to report the violence or assault incident to your employer before filing your lawsuit for compensatory damages, doing so is a wise idea. The human resource (HR) managers of most companies or employers take assault complaints seriously, and failing to report your incident to him/her could raise doubt about your credibility and the assault incident.

However, not all employers have HR managers in their workplaces. Also, it is important to note that HR managers work for your boss and not you, the employee. The main goal of human resource managers is to resolve complaints as swiftly and quietly as possible. Sometimes, your employer could hire independent investigators to help make this process more fair and transparent.

Below are the advantages of filing an assault incident complaint with your employer:

  • You will become the first person to share your side of the story about the assault incident

  • Help avoid possible allegations that you are making your story up

  • You will be able to take advantage of the available benefits that your employer or company offers, including counseling

  • It helps encourage eyewitnesses in the case to cooperate with the investigators to unravel your assault incident

File a Civil Lawsuit Against the Co-worker (Assaulter)

You could qualify for compensatory damages by suing the assaulter or assailant who caused your injuries. That is true even if he/she has won the criminal case at trial. In your lawsuit against the coworker, your attorney can help you argue the assailant's actions were intentional to secure a favorable outcome.

However, generally speaking, most coworkers do not have adequate assets or resources to offer you compensation as your employer would. Also, most employees are unlikely to have insurance coverage to compensate you for your losses resulting from the assault. Hence, when there is a possibility that your employer could be liable for damages, it could be worthwhile to sue him/her instead of the employee.

File a Civil Lawsuit Against Your Employer

If you are a victim of workplace assault, your employer could also be liable for the conduct or actions of his/her employees in some instances. Your attorney will investigate your case to determine the appropriate legal basis for filing a lawsuit against your employer after suffering a workplace assault.

Instances When Your Employer Could be Liable for a Workplace-Related Assault

Discussed below are two (2) situations when your employer could be liable for your damages after workplace violence or assault:

  1. He/she Was Negligent

There are some cases in which your employer could be liable for the injuries and losses you incurred after a colleague assaulted you at your workplace. One of the bases of personal injury lawsuits is negligence, and your employer's negligence could have caused your assault. For example, that could be possible if there was:

  • Negligent hiring — Your employer could be accountable for your losses if he/she employed someone incompetent and later the person assaulted you

  • Negligent training — Employers should offer their employees the necessary training on how to relate to each other. They must also provide sexual harassment education to their employees to ensure they are aware of acceptable conduct and the repercussions of misconduct cases.

  • Negligent supervision — If your employer does not supervise his/her employees or employ someone to do so, he/she could be liable for your losses caused by workplace assault or violence

  • Negligent security — Employers are responsible for ensuring their employees are safe when performing their duties within the scope of their work. Therefore, your employer could be accountable for your losses resulting from a workplace assault if he/she does not have adequate security measures, like surveillance cameras, lighting, and alarm systems.

When you file a lawsuit against your employer based on negligent legal theory, you will rely on your attorney to help prove to the court that your employer was negligent. The specific legal argument your attorney will apply to prove that your employer was negligent and secure compensation for your losses resulting from a workplace-related assault will depend on the facts of your unique case.

  1. He/she Was Indirectly Responsible for the Assaulter’s Actions

Your employer could be accountable for the actions of his/her employee under the respondeat superior legal doctrine. Respondeat superior legal theory means your employer is accountable for his/her employees' acts whenever they are performing the employer's tasks or duties. Generally, this legal doctrine will apply in your assault case if:

  • The colleague (assailant) was performing duties within his/her employment scope

  • The colleague's conduct or acts were promoting your employer's business objective

  • You suffered an injury due to the colleague's acts or conduct

It is worth noting that the respondeat superior legal theory will not apply in all workplace-related assault cases because assaulting an employee does not fall within the scope of most individual's jobs. However, reasonable bodily force is part of the employee's job description in certain cases. Examples of these jobs include the following:

  • Professional athletes

  • Sport coaches

  • Nightclub bouncers

  • Security guards

Even though reasonable physical force is part of the colleague's job description, your employer could be accountable for his/her losses if the colleague used more force than necessary.

Below are factors you should consider when determining whether you can file a civil lawsuit against your employer for a workplace assault:

  • Scope of Your Employment — If the injury occurred while performing your work duties, you could qualify for compensatory damages

  • Whether your employer is aware of the assailant's violent habits — If your employer was aware of the violent habits of the colleague who assaulted you, or perhaps he/she had a reason to suspect or believe he/she is violent.

  • Legal theories that can form the basis of your claim — Different legal theories could apply to your unique case to prove to the court that the employer is liable for your losses resulting from the workplace assault case.

  • Workers compensation system (WCS) — In addition to a personal injury lawsuit against the assailant or your employer, you could also qualify for workers’ compensation benefits for losses you incurred due to a workplace assault incident

Will I Qualify for Workers Compensation Benefits When a Coworker Assaults Me?

According to workers' compensation laws, any workplace assault or violence qualifies as a work-related injury, meaning you could receive compensation if a colleague has assaulted you. That is true, regardless of who is at fault in your assault case.

Unlike a personal injury lawsuit, which could take several months, you will receive damages for your workers' compensation within no time if everything works in your favor. One of the notable benefits of the worker's compensation system is that it offers coverage for most of your damages as soon as possible. However, your compensatory damages for the lost wages are typically lower, usually two-thirds of your salary.

It is worth noting that when you file a worker's compensation claim, you will not receive damages for pain and suffering, which you could receive when you file a lawsuit against the assaulter or your employer.

Unfortunately, once you decide to secure workers' compensation benefits for your injuries resulting from a workplace assault or violence, you cannot sue your employer afterward. Your attorney will advise you on the appropriate cause of action to receive damages for your losses if you are a victim of workplace assault.

Potential Damages You Could Receive When You Sue Your Employer for Workplace Assault

When you file a lawsuit against your employer, you could qualify for compensatory damages if your attorney has proper arguments backed with appropriate evidence, including surveillance videos and eyewitness testimonies.

Generally, you could receive compensatory damages for economic and non-economic losses if everything works in your favor. Here is what you need to know about economic and non-economic damages, respectively:

Economic Damages

Economic damages in a personal injury lawsuit against your employer will compensate you for losses that affected your finances, including:

  • Medical costs — You will receive compensation for all medical-related losses you incurred after a workplace assault and are likely to incur in the future due to the injury, including over-the-counter medication costs, prosthetic costs (if you lost a limb), and physical and mental therapy costs

  • Lost wages — If you had to take an unpaid break from work to recuperate after the workplace assault case, you could receive compensation for lost wages if your lawsuit is successful. If the injury affected your physical or mental ability to work, your economic damages could also cover the lost earning capacity.

Non-Economic Damages

With the help of your attorney, you will also receive compensation for non-economic losses resulting from the workplace assault. Examples of these losses include the following:

  • Pain and suffering

  • Emotional anguish and distress

  • Loss of enjoyment in life

If you lost a loved one due to an injury resulting from a workplace assault incident, you could also qualify for wrongful death benefits, including the following:

  • Funeral and burial expenses

  • His/her medication cost before his/her demise

The specific amount you will receive as compensation for your losses will depend on the severity of your case and your attorney's arguments. With the legal assistance of your attorney, you can secure the utmost compensation for the losses.

Reasons Why Hiring an Attorney is Important if a Colleague Has Assaulted You at Your Workplace

Navigating the court system if you have a workplace violence or assault case could be overwhelming and confusing, especially if it is your first time. Therefore, retaining the services of an attorney is a brilliant idea if you want to stand a chance of securing a favorable outcome in your workplace assault case. Here are some of the reasons you should hire an attorney if a colleague has assaulted you at your workplace:

  • He/she has the legal knowledge and expertise necessary to investigate and build a compensation claim against the assailant or your employer

  • He/she can offer you advice to know what to expect in every stage of the claim process

  • He/she can negotiate with the at-fault party or his/her insurer to secure a desirable outcome for your case

  • He/she is well-versed with the legal procedures for securing compensation in a workplace violence or assault case and the deadlines for doing so

Find a Seasoned Personal Injury Attorney Near Me

Workplace assault cases are more common than you think and could happen to any employee as long as you are in a work environment with more than two employees. If you are assaulted by a colleague at your workplace, retaining the services of an attorney could help. A skilled attorney can evaluate your case and help prepare a compensation claim to secure damages for your losses if a colleague has assaulted you at your workplace.

If you are a victim of workplace assault, our personal injury attorneys attorneys at Orange County Personal Injury Attorney will offer the necessary legal guidance. We invite you to call our reliable attorneys at 714-876-1959, and we will work to secure the most favorable outcome in your workplace assault case.