Derek Smith Law Group / Employment Law / Physical Assault in the Workplace

Physical Assault in the Workplace

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TABLE OF CONTENTS

Compassionate Employment Lawyers Defending Employees Against Physical Assault at Work
What Is Physical Assault in the Workplace?
Can a Victim Press Criminal Charges Against the Attacker in the Workplace?
How Does a Physical Assault at Work Result in Employment Discrimination?
How Does Physical Assault Occur in the Workplace?
What Laws Protect Employees from Physical Assault at Work?
When Should You File Your Claim for Physical Assault at Work?
What Compensation Is Available for Victims of Physical Assault?
Physical Assault at Work FAQs
Contact Our Employment Lawyers for a Free Consultation About Your Physical Assault Claim

Compassionate Employment Lawyers Defending Employees Against Physical Assault at Work

Physical assault in the workplace occurs when another person physically attacks an employee or job applicant in the workplace. Physical assault at work is a criminal act. However, it can also be cause for a civil complaint against your employer for failing to keep you safe while you work.

If you experience physical abuse or assault in the workplace, you deserve justice. You need an employment lawyer that can help you fight for the compensation you deserve. Call our compassionate employment lawyers in New York City, New Jersey, Philadelphia, Miami, and Los Angeles for a free consultation about your physical assault in the workplace claim.

What Is Physical Assault in the Workplace?

Physical assault occurs when an employee or job applicant is physically attacked in an act of violence. It is also known as assault and battery. The legal definition of assault means that a threat of violence was made against an individual. A battery is a physical attack against a person.

When it occurs in the workplace, it may be an act of physical, sexual harassment or physical employment discrimination. No matter how it occurs, physical assault at work is criminal unlawful and forcible contact and a civil claim against your employer.

Many times, people think of shooters and mass shootings when discussing physical assault at work. However, physical assault can occur as a fight in the parking lot, a slap across the face, or other less serious (but still illegal and unacceptable) physical attacks. Nonetheless, any form of physical abuse is illegal and unacceptable at work.

Can a Victim Press Criminal Charges Against the Attacker in the Workplace?

As a victim of physical assault at work, you do not have to file a police report or press criminal charges against your attacker. If you choose to file a police report, it enables you to help the police put your attacker away and prevent him from attacking others.

However, if you choose to avoid the police and forgo the police report, you still have a right to file a lawsuit against your employer for allowing the attack to happen. You may even be able to add claims of sexual harassment or employment discrimination to the claim, depending on the circumstances of the physical attack.

How Does a Physical Assault at Work Result in Employment Discrimination?

Sometimes a physical assault in the workplace is a random act of violence. However, other times, employees or job applicants are targeted because of their specific characteristics, known as protected classes. Protected classes are shared characteristics that the law classifies as protected under federal and state discrimination laws. They include the following categories:

When your attacker targets you because you are part of a protected class, physical assault is also a form of employment discrimination. Discuss your physical assault claim with a qualified employment discrimination lawyer to learn more about your rights in the workplace.

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How Does Physical Assault Occur in the Workplace?

Physical assault can occur as a slight physical act. However, it can also occur as a seriously violent act, such as a mass shooting or rape.

Some examples of physical assault may occur as follows:

1. Your boss berates you verbally daily. He calls you a stupid woman and “that dumb Spanish chic.”

He starts to get more abusive as the weeks progress. One day, he spits in your face. Another day he pulls your hair. Finally, he slaps you in the face, leaving a giant handprint on your face.

You complain to your HR team. They do nothing to stop your boss or his behavior.

You request a transfer to another department to get away from the abuse. Your request gets denied. You quit your job.

2. You coworker and you argue over a girl. He threatens to follow you to the parking lot after work.

He follows you out to your car. He proceeds to punch you in the jaw, slamming you to the ground. He beats you so badly that you end up in the hospital.

What Laws Protect Employees from Physical Assault at Work?

Federal and state sexual harassment and employment discrimination laws protect employees from physical assault based on protected classes in the workplace. Employer liability laws also protect employees and job applicants from physical assault in the workplace.

If you are assaulted at work, your employer has a duty to protect you. Your employer must provide a safe workplace for all employees. When your employer fails at this duty, you have a right to hold them responsible in court.

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When Should You File Your Claim for Physical Assault at Work?

If your employer knew or should have known that your coworker, boss, or client was a violent person and did nothing to prevent the attack, you can file a lawsuit against your employer for liability. If you choose to file your physical assault claim under federal employment discrimination or sexual harassment laws, you have a right to file a charge with the EEOC before filing a claim in federal court.

The statute of limitations to file your charge is 180 days (300 days in states with state-wide employment discrimination or sexual harassment laws). State laws have varying time limits to file your claim for physical assault as employment discrimination or sexual harassment. Contact a qualified employment lawyer in your state to learn more about your rights under the law.

What Compensation Is Available for Victims of Physical Assault?

As the victim of physical assault at work, you likely have medical expenses, lost wages, and other expenses relating to the attack. You have a right to request compensation to help pay for these financial losses, attorney’s fees, and pain and suffering.

Contact Our Employment Lawyers for a Free Consultation About Your Physical Assault Claim

Your employer has a responsibility to provide a safe work environment. If you become a victim of physical assault at work, your employer did not live up to their responsibility. You need a lawyer who will help you get the justice you deserve. The Derek Smith Law Group in New York City, New Jersey, Philadelphia, Miami, and Los Angeles can help.

Were You Physically Assaulted by a Coworker, Employer, Manager, Supervisor, or Client at Work? Do You Want to Know More About Your Rights? Please Call Us at 800.807.2209 to Learn More About Your Rights.

You also have a right to request changes to company hiring and security policies, new employee training procedures, and reinstatement of your job. Speak with a qualified employment attorney in your state to learn more about your rights to compensation.

Physical Assault at Work FAQs

What Should You Do If Physically Assaulted at Work?

If you are physically assaulted at work, you have several options to receive justice. First, you have the right to file a police report against your attacker. Even if you feel the assault was minor, you have the right to press charges with the police.

You also have the right to file a complaint with your employer or Human Resources team. You can write a formal complaint to your employer and HR team to spark a workplace investigation. Your complaint gives your employer the opportunity to handle the assault from their end.

If your employer does nothing to fight the workplace assault, you have the right to file a lawsuit against your employer for failing to provide a safe work environment. You can speak with your attorney to learn about your options for filing a lawsuit against your employer regarding a physical assault in the workplace.

You also have a right to file a claim under worker’s compensation. When you get injured on the job, you have a right to receive worker’s compensation payments for lost wages and medical expenses. Discuss your claim with your HR team or worker’s compensation attorney to learn more about your rights under the laws.

How Does a Physical Assault Result in Sexual Harassment at Work?

When physical assault results in rape or sexual assault, it can result in a sexual harassment claim in the workplace. Any form of physical, sexual assault in the workplace is not only an act of criminal sexual conduct. It is also an act of illegal sexual harassment at work.

If you suffer physical, sexual abuse at work, you have a right to file a claim for sexual harassment against your employer, the building manager, and other parties that did not do everything in their power to protect you from the attack.

Can You Get Fired from Work for Reporting Physical Assault?

You have a right to a safe workplace. Your employer does not have the right to hold you responsible for an assault against you. They cannot retaliate against you for filing a police report or a complaint regarding the physical assault you endured at work.

Any form of retaliation, such as wrongful termination, demotion, suspension, or other punishments, is prohibited against employees who stand up against physical assault in the workplace.

Our lawyers handle all employment law matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.

Why You Should Work with an Employment Lawyer for Your Physical Assault Claim

Physical assault at work is a horrible experience. You are left bruised, battered, humiliated, and intimidated. Your employer should have protected you. When they did not protect you, you may feel you have nowhere to go.

You need an employment lawyer to help you through this process of filing a lawsuit and moving on from the event. Your lawyer can help you face your employer and your attacker, so you do not go through the process alone. They can advocate for your rights in settlement negotiations and court, if necessary.

Your employment lawyer will be the confidant your employer was not willing to be. They will protect you and your rights to help you get the justice you deserve.

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