Coworker Assault in the Workplace

Workplace violence can take many forms, and one of the most troubling is coworker assault. Whether it involves verbal threats, physical intimidation, or actual bodily harm, assault by a coworker is both a serious legal matter and a violation of workplace safety standards. In California, victims of coworker assault have multiple legal avenues to seek justice and financial compensation.

What Is Coworker Assault?

Coworker assault refers to an intentional act by a fellow employee that causes you to fear imminent physical harm or results in actual physical contact. California law defines assault as an attempt or threat to injure someone. For example, if a coworker screams at you and threatens to throw a heavy object, even if they don’t follow through, you may still have a valid claim under assault laws.

Workplace violence, especially when unaddressed, creates a toxic environment that can affect employee well-being, morale, and productivity. Victims often suffer from emotional trauma, stress, and physical injuries, which is why it’s crucial to take appropriate legal steps immediately.

What to Do If You’re Assaulted by a Coworker

If you’ve experienced coworker assault, here are several important actions you should consider:

1. Report the Incident to the Police
   Filing a police report documents the event and initiates a criminal investigation. While criminal proceedings are separate from civil claims, evidence collected during the police investigation can support your civil lawsuit.

2. Inform Your Employer
   Although not legally required, notifying your employer helps create a formal record and puts management on notice. It may also prompt an internal investigation, potentially preventing further incidents.

3. Consult an Employment Lawyer
   Speak with a qualified attorney to understand your rights and legal options. An experienced employment lawyer can guide you through filing a civil lawsuit and help determine whether your employer shares responsibility.

4. Consider Filing a Civil Lawsuit
   You can file a civil lawsuit for damages against your coworker and, in some cases, against your employer, particularly if they failed to provide a safe working environment.

Can I Sue My Employer for Coworker Assault?

Yes, in specific circumstances. Employers have a legal duty of care to maintain a safe workplace. If they neglect this duty, they can be held liable for damages caused by coworker assault. Here are two main scenarios that may support a claim against your employer:

• Negligent Hiring or Supervision: If your employer hired someone with a known history of violence or failed to supervise that employee properly, they may be liable.

• Prior Knowledge of Danger: If the employer knew or should have known that the coworker posed a threat to others and failed to act, they can be held responsible for the resulting harm.

The employer has a duty of care to establish a safe working environment, as emphasized by OSHA workplace violence prevention guidelines, and may be held liable if this duty is breached.

Civil Lawsuit vs. Criminal Complaint: Do I Need Both?

Filing a civil lawsuit and a criminal complaint are separate legal actions. You can pursue one without the other. However, reporting the assault to law enforcement is often beneficial, as criminal case evidence can strengthen your civil claim.

Additionally, when you report the incident, you protect yourself and other potential victims by bringing workplace violence to light. Legal professionals recommend documenting everything: save emails, messages, medical records, and any witness statements that support your case.

What Compensation Can I Receive for Workplace Violence?

Victims of coworker assault may be entitled to several forms of compensation, particularly if the assault results in physical or emotional injuries. Compensation may include:

• Medical Expenses: Costs related to emergency care, doctor visits, surgeries, physical therapy, or psychological counseling.

• Lost Wages: Income lost due to time taken off work for recovery or therapy.

• Pain and Suffering: Emotional distress, anxiety, and psychological trauma resulting from the assault.

• Punitive Damages: In extreme cases, if the employer acted recklessly, courts may award punitive damages to punish and deter such behavior.

Because assault in the workplace is often considered a work-related injury, workers’ compensation may also be available depending on your employer’s coverage. However, civil lawsuits allow broader damages compared to the limits of workers’ compensation.

Beware of Defamation Counterclaims

It’s important to be cautious when taking legal action against a coworker. In some cases, the accused may file a defamation counterclaim, arguing that your allegations damaged their reputation. To avoid this risk, always ensure your claims are supported by documented facts and filed in good faith.

This is another reason why professional legal support is vital. A skilled attorney will help you present your case correctly, defend against counterclaims, and pursue the maximum compensation available.

Why You Need an Employment Lawyer

Facing workplace violence can be frightening and overwhelming. You may be unsure of your rights or how to proceed. That’s where a knowledgeable employment lawyer can make a big difference. From negotiating settlements to representing you in court, an attorney ensures that your rights are fully protected.

Contact KAASS LAW: We’re Here to Help

If you or a loved one has been assaulted by a coworker, you don’t have to face it alone. At KAASS LAW, we provide compassionate and aggressive legal representation for victims of workplace violence. Our team can help you pursue justice and secure the compensation you deserve.

Call us today at (310) 943-1171 for a free, confidential consultation.

Learn more at KAASS LAW – Glendale Employment Lawyer

Final Thoughts

Coworker assault is a serious matter that should never be ignored. Whether it’s verbal threats, physical aggression, or intimidation, every employee has the right to a safe and respectful workplace. If you’ve been the victim of workplace violence, take action today. Report the incident, protect your rights, and seek help from a trusted employment lawyer.