Assaulted at Work by Another Employee. Can you Sue?

An assault in the workplace is deeply humiliating because it leaves you stripped of your dignity and safety. Security in the workplace should be guaranteed. However, once that is broken, it can affect your well-being and peace of mind. Employers in California have a clear duty to make sure their workplace is safe, keeping you and your coworkers out of harm’s way. If they do not take care of this responsibility and you are assaulted, you have the right to sue to seek compensation.

Suing your employer and the employee responsible for the assault holds them accountable while also providing you with vital financial support to recover from the consequences of the assault. Standing up for your rights means addressing the wrong you suffered. It is also an opportunity to point out the breach of safety standards in the workplace and the need to correct this issue. A personal injury lawyer will help guide you through this process so you get the compensation you need and make it known that the work environment must be safe.

What it Means to be Assaulted

In California, assault includes a range of offenses in which someone intentionally threatens or harms you. Assault does not have to be physical. Instead, it focuses on the intent to cause fear or injury. Assault with a deadly weapon is one of the most serious forms of assault. The law considers it a serious crime if someone uses an object like a knife or firearm to threaten or hurt you because there is a risk of serious injury or death.

Another type of assault is sexual assault, and if you are a victim, it could involve rape, sexual battery, or groping. Rape is non-consensual sexual intercourse, and sexual battery is unwanted touching for sexual purposes. Even a brief contact can be considered sexual battery. Groping, on the other hand, is a type of sexual battery where someone touches you inappropriately and without your consent.

You could also have fallen victim to indecent exposure, which is a form of sexual battery. Indecent exposure occurs when someone willfully exposes him/herself in public to offend or disturb you.

Your Rights When Assaulted at Work

If a coworker assaults you at work, you have several paths that allow you to protect your rights and seek redress. These include the following:

1. Submit a Workplace Complaint

If a coworker assaults you, you should consider filing a workplace complaint to protect your rights. Reporting this incident to your employer automatically triggers an internal investigation and potentially disciplinary action against the assailant. This process serves as a reminder to everyone in the company to follow workplace safety policies. It ensures accountability and helps prevent similar incidents from happening in the future.

You do not have to file a complaint to seek damages, but it may help your case to do so. It will create an official record.

You must document everything about the assault. Write down the incident's date, time, location, and description. When you submit a complaint to HR or a supervisor, you ensure that the employer investigates the issue, which will help you. If the company fails to act on your complaint, you can use their inactions as grounds to sue them.

Furthermore, you should also take advantage of Employee Assistance Programs (EAPs). They are confidential services to help you cope emotionally with the assault. As you do so, see if trusted friends, family, or a therapist have helpful suggestions for dealing with the emotional impact.

It is also in your best interest to protect your reputation when you file a complaint. Record in detail what transpired in all communications with the offender. This includes emails, texts, and voicemails. And in no case should you try to confront the attacker directly. Instead, focus on documenting the incident and seeking help, and you will be able to seek justice and protect your peace of mind.

2. File a Police Report

After a coworker assaults you at work, you should file a police report. This initiates a criminal investigation and is sufficient to result in charges against the assailant. It also ensures that the offender faces criminal consequences for his/her actions. The convicted perpetrator would be fined, placed on probation, or imprisoned as a message that similar behavior is not acceptable. The criminal penalties also serve to discourage others from engaging in similar behavior.

A police report not only helps with a criminal case but also with a civil case. It is an official record of the assault and helps preserve critical evidence for your lawsuit. If the offender denies the incident, this documentation will support your claims. However, it also increases your likelihood of receiving compensation for damages.

A criminal conviction extends the statute of limitations on a civil lawsuit. This gives you more time to prepare for your case and pursue damages. This extension is beneficial, especially if you are still processing the trauma or need more time to gather the necessary resources.

While criminal and civil cases are distinct, they serve complementary roles. A personal injury attorney can guide you on the best approach.

3. File a Workers’ Compensation Claim

If you are hurt at work or you are assaulted at work, workers’ compensation provides critical support. This no-fault system ensures employees receive benefits without proving their employer’s negligence. With this system, aggressive employees can access their benefits quickly. There is no need to prove your employer was to blame, and the process moves faster than a personal injury claim. Usually, workers' compensation pays benefits quickly, without the delays that often accompany lawsuits. This system works because employers are protected from lawsuits for injuries sustained at work in exchange for offering this system.

One key advantage is that workers’ compensation pays for medical expenses. If you are assaulted on the job, it will pay for treatments, doctor visits, surgeries, therapy, and medications. It relieves some of the financial burden of medical costs so that you can concentrate on healing.

Workers' compensation also provides wage replacement benefits. If you cannot work because of your injury, you will receive a portion, about 2/3 of the wages you earn, so you are not without an income while you recover. Workers' compensation also offers vocational rehabilitation. This option is available to help you retrain for a new role or find other employment if the injury prevents you from returning to the job you had before the injury.

However, workers' compensation has its limits. While it pays for medical expenses and lost wages, it does not compensate for all damages, specifically pain and suffering. Furthermore, workers' compensation typically is an exclusive remedy for work-related injuries. Therefore, you cannot sue your employer even if that negligence played a role in the assault if workers’ compensation covers the claim.

4. Pursue a Civil Lawsuit

If you are assaulted at work by a coworker, you have recourse in a civil lawsuit to recover damages. Workers' compensation can pay medical expenses and lost wages, but it does not pay for pain, suffering, or emotional distress. You can pursue these additional damages in a civil lawsuit. With civil lawsuits, you can recover more in compensation for the full impact of the assault.

You can sue the coworker who assaulted you or your employer.

Suing the Coworker Who Assaulted You

You can file a civil claim against the coworker who assaulted you with the evidence you gathered. The evidence is critical to strengthening your case. Having detailed records of the assault helps you and ultimately adds credibility to your story. This evidence includes the:

• Date
• Time
• Specifics of the incident

Any secondary communication, such as emails or texts, is advantageous for your case since it adds credibility to your story. This evidence supports your claim because it involves a documented pattern of misconduct. Furthermore, this evidence also shows the seriousness of the assault and the harm that it has caused you.

In a civil claim, you can seek compensation for damages like medical expenses, lost wages, and the emotional distress you endured. When you sue, you exercise your right to a safe workplace and to have the offender held accountable for that contested action.

Lawsuit Against My Employer

Employees are limited in the resources to pay if you win your lawsuit against them. Furthermore, they do not have the insurance coverage to pay for the damages the jury awards. In this situation, you can sue your employer.

California law allows you to hold employers accountable under circumstances of:

• Negligent hiring, retention, or supervision and
• Vicarious liability

1. Negligent Hiring, Retention, or Supervision

Negligent hiring, retention, or supervision occurs when an employer fails to take reasonable steps to prevent harm from a high-risk employee.

Your employer would be liable for negligent hiring if he/she knew or should have known of an employee’s violent tendencies and failed to act. An example of failing to act would be failing to perform a proper background check since the check would have revealed a history of misconduct. An employer hiring an individual with known risks disregards the safety of other employees and is responsible for the harm resulting from that.

The term negligent retention refers to situations where an employer knows they are retaining an employee with a pattern of harmful behavior, exposing others to risks. If they ignore the warning signs and still employ the individual, they assume responsibility for any incidents.

On the other hand, negligent supervision occurs when an employer fails to properly supervise employees in high-risk environments where close oversight is necessary. If the employer fails to enforce appropriate control over the company’s workforce and the employer’s inadequate supervision allows or indirectly contributes to an assault, you can hold the employer liable.

2. Vicarious Liability

If a workplace act of violence has injured you, vicarious liability allows you to bring a civil claim against an employer for their employee's actions. This legal principle requires employers to be held liable for harm inflicted by their employees acting in the scope of their jobs even though that injury was wrongful and the employer did not authorize or participate in the wrongful act.

The scope of employment is the most important factor in vicarious liability. In other words, the employer may be liable if the employee assaulted you while performing job-related tasks or in the course and scope of employment. A further scenario in which liability may be extended to the employer involves knowing or should have known of the employee’s violent behavior and failing to take corrective action. That includes situations where complaints or incidences of aggression had been ignored or mishandled.

Employers should also have appropriate policies, procedures, and other methods for preventing workplace violence. These policies should include how to report incidents involving violence, protocols for investigating employee conduct, and necessary consequences for when an employee engages in violent behavior. If an employer does not take these measures and harm occurs, the employer could be found liable.

There are roles where employees could use force while discharging their mandate. These include people who work as:

• Professional athletes
• Security officers
• Sport coaches or
• Bouncers

Employers must properly train and supervise employees to use force correctly. Employers also need to take steps to prevent and deal with violence in high-stress environments. If they fail to do so, they are liable.

Protections From Retaliation From Your Employer

Under California’s Whistleblower Protection Act, there are strong safeguards to protect employees who report workplace misconduct, including assault. The law protects you from retaliation for reporting the incident to:

• Law enforcement
• A government agency or
• An internal authority that has the power to investigate

If your employer retaliates against you for reporting assault, they could face serious consequences. In some cases, criminal charges could be brought, and in some cases, fines or even imprisonment could be imposed. The employer could face penalties of $10,000 per incident.

Notably, the Act’s protection extends beyond assault cases. It covers any illegal or unethical activity that takes place in the workplace, including fraud, waste, and abuse. This broad protection prevents employees from shying away from disclosing any misconduct because of the threat of retaliation. This, in turn, helps foster a culture of accountability and integrity within the workplace.

What if I’m in the Country Illegally? Can I Report My Assault?

California protects all workers when they report workplace assaults, regardless of immigration status. The Whistleblower Protection Act protects workers from employment retaliation for reporting misconduct. According to this law, workers should not fear losing their jobs or any other consequences if they report incidents.

There are resources to help undocumented workers exercise their rights. The California Department of Industrial Relations (DIR) helps guide and support filing a complaint so all employees can have recourse, regardless of immigration status. The California Labor Commissioner’s Office also assists workers in filing claims, investigates workplace rights violations, and enforces laws protecting all workers.

Also, organizations that provide free or inexpensive services assist low-income and undocumented workers in filing complaints. Immigrant rights groups provide specialized support and advise workers on legal and immigration issues.

Your Legal Rights When Facing Defamation Claims After Reporting Assault at Work

If a co-worker tries to sue you for defamation after you report an assault, you need to know what legal protections you have. These lawsuits can be intimidating. However, you have defenses to protect your rights and prevent the misuse of the legal system.

Truth, more often than not, constitutes the most powerful defense in a defamation case. It is highly unlikely the lawsuit will succeed if you can substantiate your claims with accurate, verifiable evidence. Defamation is an absolute defense to the truth. As long as your statements are factual, you have no liability, no matter how damaging they may be to the other party’s reputation. This fact also allows you to stand firm if your statements concerning the assault are challenged.

A defamation lawsuit is an abuse of process if the same is filed with malicious intent and no legitimate legal grounds. You can get a suit dismissed or, at least, bring a counterclaim against the person sued for malicious prosecution or abuse of process. If the lawsuit is a method of harassment or intimidation by which you will be forced to remain silent, then the legal system provides remedies in response.

A defamation lawsuit can be expensive, particularly attorney fees, court costs, and other related costs of defending against a defamation suit. However, there are resources available you can use to mitigate these financial burdens. Several attorneys and legal aid organizations specialize in cases involving assault victims, especially those who may be sued in retaliation. Free or low-cost representation is sometimes available, primarily when the cases involve public interest. That means you may not have to carry the full financial weight of defending yourself.

Moreover, attorneys who handle harassment or workplace assault cases on behalf of victims often do so on contingency, meaning they only get paid if they win.

Find a Los Angeles Personal Injury Attorney Near Me

If your co-worker assaults you at work, you have a case to pursue. However, navigating this lawsuit requires more than just understanding your rights. A personal injury attorney can help you develop and strengthen your case and significantly improve your chances of success. A skilled lawyer will gather information vital to the case, protect your rights, and ensure you receive the maximum compensation you deserve. Attorneys will also help you work through the complaint process and ensure you and your family can be taken care of should you face retaliation or even pursue workers’ compensation benefits if necessary.

At Los Angeles Personal Injury Attorney, we can assist you in seeking justice. Contact us at 424-231-2013 to discuss your case and learn how we can help you seek justice.