Knowing what to do if someone assaults you at work can protect you from further harm and give you the best chance of recovering damages. Make sure you do the following:
Step 1: Get to Safety and Remain Calm
Get away from the attacker as quickly as possible. Go somewhere safe - a room with a door you can lock, somewhere with other people or coworkers, anywhere that will keep you safe from further harm. And as difficult as it might be, do your best to stay calm.
Step 2: Call the Police and Get Medical Care
Even if the perpetrator left the scene, call the police to report it. The perpetrator may still be in the area, which may pose a further risk to you and others. Call the police to the scene so they can speak with you and find and arrest the perpetrator. Further, a police report is an invaluable piece of evidence in criminal and civil cases.
If you suffered physical injury (in which case you are the victim of battery), get medical care, even if you do not feel seriously injured. Request an ambulance, go to the emergency room, or set up an appointment with your doctor.
Step 3: File a Report at Work
File an incident report with your employer. Ask your supervisor how to do this if you are unsure. If the perpetrator was your supervisor, file the report with his supervisor, and on up the ladder. Informing your employer of the assault not only allows your employer to address the problem by enacting safety measures, terminating a co-worker (if the co-worker is the perpetrator), and/or providing you the time you need to get medical care.
The incident report creates a record of the assault and also establishes that you made your employer aware of the incident, which may be important if you later wish to pursue a civil case against a property owner or other party for negligent security that contributed to your injury.
Step 4: Gather Witness Statements
Were others, such as co-workers, supervisors, customers, or visitors, present to witness the assault? If so, ask for their contact information so you can later collect a statement about what they saw. The sooner you can do this, the better, as recollection of events begins to fade over time.
Step 5: Contact an Attorney
The next thing you should do is contact an attorney. Sheryl Burke can give you advice on your legal rights to recover damages and help you file suit against the responsible party or parties. Filing a claim against liable parties may be vital to getting compensation you need to cover your medical care, lost wages, and other damages.
Who Can I Pursue for Damages After a Workplace Assault?
The most likely party you can pursue for compensation is the person who committed the assault. You may be able to recover compensation from your employer too, but this is rare. After we examine the details of the incident, we can advise you on the best way to seek compensation.
Suing the Perpetrator
You may be able to sue the individual who assaulted you. Your case must prove that the perpetrator assaulted you, caused your injuries, and that you suffered damages. But the perpetrator may have limited assets to cover your full losses and expenses.
Suing Your Employer, Another Party, or Filing for Workers' Compensation
You are usually unable to sue an employer for an injury at work, but some exceptions may apply. We encourage injured people to call us at 40-842-7838 to explore whether their employer may be liable in a lawsuit.
In most case, injured workers can get workers' compensation benefits if the assault occurred at work or while performing job duties. Other parties may be liable too, such as the owner of the property where the assault happened if you can prove negligent security contributed to the assault.
Call S. Burke Law About Filing a Civil Case
Fighting for victims' rights is not merely a career for us, it is a life calling. If you want a lawyer who never stops fighting for you, and who handles your case with compassion and conviction, call us today for a free consultation. We will go over the details of your case, answer all your questions, and identify your options for getting compensation to pay your bills and cover your losses. Call today for a consultation: 404-842-7838.