*Content warning: discussion of assault
What You Need to Know About Assault at Work by a Colleague
Employers must provide a safe working environment for all their employees. Here’s everything you need to know about an assault at work by a colleague.
Employees experiencing assault by a colleague can take a civil or criminal route for a solution.
If a colleague assaults an employee at work, the affected employee can file a lawsuit against the employer or file a police report. Affected employees can receive compensation to assist in their recovery from physical injuries and emotional trauma.
What Classifies as Assault?
Assault does not limit to physical injuries. An assault in the workplace is non-consensual physical touching or threats of physical touching. Regardless of gender, race, ethnicity, or social class, any person can experience or cause an assault on another colleague. A customer, colleague, or even a third-party contractor may commit assault in the workplace. Assault may result in severe physical injuries, minor physical injuries, or even no physical injuries.
Employee Rights
Depending on the state, an employee experiencing assault by a colleague is entitled to workers’ compensation. Workers’ compensation is a form of insurance providing wage replacement and medical benefits during employment for the employee relinquishing their right to sue the employer for negligence.
The U.S Department of Labor instilled the Occupational Safety and Health Administration (OSHA) to ensure each employee works in safe and healthy conditions and enforce standards employers must adhere to, and provide training, outreach, education, and assistance. OSHA laws require employers to provide a safe working environment for all their employees. OSHA’s regulations include no tolerance for assault.
Related: Was I Sexually Assaulted? Take the Quiz
The employer is liable for assault in the workplace if they specifically and deliberately cause harm to an employee. Another cause of employer liability is if the employer could have reasonably foreseen the assault based on prudence and negligence. An assault is reasonably foreseeable if any person with reasonable judgment and intelligence could have anticipated the assault.
Resources for Assault in the Workplace
If a colleague assaulted you or someone you know, the best action is to call 911 and file a police report. A person’s health and safety are the priority. After contacting local authorities, contact a personal injury attorney for guidance on following legal measures.
How to File a Lawsuit Against an Employer
Before resorting to legal measures, employees who experienced assault from a colleague should speak with their employer or the human resources (HR) department.
If the employer or HR does not offer a solution, the employee should file a lawsuit against the employer by taking the following steps:
- Review the employee contract.
- Document sufficient detail of the assault.
- Determine the claim of the lawsuit (negligence, discrimination, etc.).
- Think of a resolution.
- Contact an attorney for further guidance.
How to File for Workers’ Compensation
Although details and requirements may differ by state, the following applies when filing for workers’ compensation claims:
Related: Why Women Don’t Report Sexual Assault
- Record details and circumstances of the assault.
- Take photos, videos, and other forms of evidence.
- Gather the names and contact information of possible witnesses.
- Receive medical treatment for any physical injuries.
- Describe the physical injuries in detail.
- Report any injuries to the employer within 30 days of the assault.
- Report the injuries to the insurer yourself if the employer does not report the issue using a Workers’ Compensation Form (differs by state).
- Follow up with the insurance company to ensure they received the proper claim.
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