What to Do When Assaulted at Work by a Customer
A coworker, employer, or customer may assault an employee. Here’s what to do when assaulted at work by a customer.
Workplace assault may occur through verbal harassment, physical harassment, threats, stalking, or intimidation. If a customer assaults an employee in the workplace, they may receive workers’ compensation or sue those responsible for the assault.
Workplace Assault and Employer Liability
Assault in the workplace may include any form of violence, unwanted physical touching, offensive language, or threats. Workplace assault may occur between coworkers or an employer to an employee or between a customer and an employee.
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Assault from a customer to an employee may include:
- Anger-related incidents
- Physical harassment
- Verbal harassment
- Unwanted sexual advances
- Written threats
- Verbal threats
- Stalking
- Intimidation
An employer is liable when a customer harasses an employee if they are negligent in protecting the business or witness the attacks or threats and do not make efforts to stop the assault. If the assault continues after someone notifies the employer, the court may blame them for the employee’s harassment.
Related: Can I Sue My Employer for False Accusations?
Employee Rights When Assaulted at Work by a Customer
The Employee Assistance Program (EAP) is a federal work-based program offering free counseling, referrals, or other services for employees experiencing problems in the workplace. If a customer assaults an employee at work, they may receive a free EAP consultation to understand their rights and learn how to take further action. The EAP may also refer employees to professionals who may assist with further legal representation.
Employees may receive workers’ compensation for any injuries obtained in the workplace resulting from a customer’s assault. However, if an employee’s injury results from a personal issue, workers’ compensation may not apply. Employees may also sue the customer responsible for the assault. If an employer is directly at fault for the assault, an employee may also sue them for workplace assault.
FAQs About What to Do When Assaulted at Work by a Customer
Can an employee sue their employer if assaulted at work by a customer?
An employee may sue their employer when assaulted by a customer if the court finds the employer liable. The court may find an employer liable for a workplace assault if they directly cause the assault or know about the assault and do not make reasonable attempts to stop it.
Can an employee receive workers’ compensation if they are the aggressor?
An employee cannot receive workers’ compensation if they are the aggressor. If an employee commits an assault, they may not receive workers’ compensation as the court may hold them at fault for any injuries received.
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