WHEN A PERSON HURTS ANOTHER PERSON

Workplace Assault

Assaults in the workplace are all too common today and unfortunately can include gun-related assaults. The warning signs of workplace violence are well known. In many criminal codes, “aggravated assault” involves the use of a deadly weapon. Other types of physical attacks are called “simple assaults.” In some legal contexts, “assault” is a threat of physical harm, and “battery” is the actual unconsented to physical contact.

Abusive boss holding the arm of a woman with violence while she looks upset

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YOUR EMPLOYER MAY BE LIABLE

Assaults are Typically Intentional

In the workplace, you could be assaulted by a fellow employee, a supervisor or manager, a customer, a supplier, a contractor, or anybody else who is present at your place of employment. Assault can come in many forms, including a fistfight or pushing and shoving, sexual contact, threats of violence, or other intentional physical that cause or could cause harm.

Unlike some of the most common types of personal injury claims, assaults are intentional in nature and usually not a result of negligence. Employers, however, have been found liable for workplace assaults in a number of instances:

The employer was negligent or grossly negligent, in allowing a condition to exist or certain known persons to interact with employees.
The employer or a manager egged on an employee to attack another.
The employer is controlled by another entity, such as a franchisor that set rules for the workplace.

Take Action Immediately

If you have been assaulted at work, there are seven key things you should do right away.

Get to a place of safety.

Seek medical attention.

Report the assault to the police.

Report the assault to your manager or supervisor. If you belong to a union, file a grievance.

Collect evidence and keep a daily diary of all events and symptoms.

Demand more protection, training and screening at work.

Obtain competent legal advice.

Who is liable for a workplace assault?

The victim also has the option of suing the person who committed the assault. However, this will not always result in damages unless the attacker can pay a judgment or has insurance that can pay. Depending on the facts, the victim may also be able to sue other entities such as a property owner, security company, supplier, or other individuals who had some power over the situation or the attacker.

If you are concerned about an assault you or a loved one has suffered, you should act promptly to seek advice. This is important both in order to secure your personal safety and because personal injury laws have strict filing deadlines which could bar your claim. Pelton Graham is here to help.