You may be able to sue for assault at work. However, there are specific parties you will be unable to sue. Below, we discuss the parties you can and cannot sue for a workplace assault.
Who Can I Sue for an Assault at Work?
In most cases, you cannot sue your employer for an injury in the workplace. This is because workers’ compensation laws prohibit you from suing your employer for an injury that occurs at work.
However, you may be able to sue your employer if your employer is the party that assaulted you. Your employer’s actions negate his immunity to legal action.
You may also have several other avenues you can use to recover compensation if you were assaulted at work.
Suing the Person Who Assaulted You
If you know who assaulted you, you can sue them for the damages you suffered. However, in many cases, your attacker will not have the money you need to cover all your injuries and losses. In other cases, the attacker may have fled the scene.
If this is the case, we can determine whether any other third parties contributed to the assault.
Suing the Property Owner
In many cases, an employer’s negligence will contribute to a workplace assault, e.g., your employer hires someone with a violent past who assaults you while you walk to your car. Unfortunately, it is unlikely that you will be able to hold your employer liable.
However, if a lack of security guards or inadequate lighting contributed to the injury, you may be able to hold the property owner liable for negligent security.
Consider the following example:
- You were walking to your car after work when someone who was hiding in the shadows attacks you and steals your wallet. The parking lot was dark because the property owner failed to replace the lights that had been burnt out for months. The property owner might be liable for your injuries.
Other potential examples of negligent security that can lead to an assault or injury include:
- Insufficient security guards on duty
- Unsecured gates and doors
- Cameras that are not functional
- Poorly maintained security systems
- Poor security protocols
How Do I Sue for a Workplace Assault?
The process you must navigate to recover compensation depends on the liable party.
For example, to sue the person who attacked you, you must prove they attacked you and that you suffered damages.
To sue a property owner for negligent security, you must establish that the party had a duty of care to you, that the party breached its duty, that the breach led to your injuries, and that you sustained damages.
What Can I Recover if I Sue for Assault at Work?
While you can cover your medical expenses and a portion of your lost wages through workers’ compensation, you might miss out on thousands of dollars of other damages to which you are entitled. This might include:
- Medical expenses
- Therapy bills (many victims of assault or battery require months or even years of counseling)
- Lost wages
- Lost earning capacity (if your injuries or the assault itself required you to work less hours, switch hours, or retire, you are entitled to compensation for what you should still be making)
- Miscellaneous expenses (e.g., the cost of traveling to and from your doctor’s or psychologist’s office, parking fees at the hospital, the costs of renovating your vehicle or home to accommodate your disability)
- Pain and suffering
- Emotional anguish (e.g., development of post-traumatic stress disorder or anxiety)
- Punitive damages (available in cases where the actions were intentional or egregious)
Once we have identified all liable parties, our team will determine a value for your claim and fight for every last dollar to which you are entitled.
Call An Atlanta Personal Injury Lawyer
An assault at your workplace is one of the most traumatic events you can experience. Aside from your home, you likely spend more time at work than any place else. So, an assault at work can have a very serious impact on your sense of security.
While S. Burke Law cannot restore your sense of security at the workplace, we can help you get the compensation you need and deserve in the aftermath of your workplace assault. Our compassionate team of lawyers has served the Atlanta community for more than 20 years. In that time, we have helped several personal injury victims when they were unsure of where to turn. It all begins with a free consultation.
Call us at 404-842-7838 to schedule yours.