What If I Have Been Physically Assaulted At Work?

If you have been physically assaulted at work in California, give our employment attorneys a call today to discuss how you could recover compensation for your injuries. Although many different laws are in place in California that prevent workplace altercations, such as physical assault in the workplace, physical assaults are still very common in California.

If you or someone you know has been a victim of assault in California, give our qualified employment attorneys a call today to discuss how you could recover compensation. We are always committed to making sure that our clients get the best legal representation and make sure that we build a strong case for our clients. We have a team of highly qualified legal and medical experts that will help us investigate the circumstances of the assault, and determine what is the best compensation for you.

Employees must have a safe environment to work in, free from any hostility. When you are a victim of physical assault, not only could you hold the person who assaulted you responsible, but potentially your employer as well for furnishing a hostile environment, or failing to take any measures to keep the workplace environment safe.

Could I file a workers’ compensation claim?

If you have been a victim of physical assault in California, you could recover workers’ compensation, but, there are specific factors that you will have to meet. For example, the assault must have happened while you were on the job. This includes being physically at the workplace, including the parking lot.

Sometimes, it could be very difficult to prove a physical assault, especially if you do not have any bruises or scratches from the incident. For more information on how to move forward with an assault claim, give our attorneys a call to set up a complimentary consultation. 

We have offices located in Los Angeles, along with offices in Las Vegas, Nevada. No matter where you are, we are available for you to discuss your case. Make sure that you work with a reputable law firm, and choose Heidari law firm.

What is Assault and Battery?

Assault

Legal Definition: Assault is the act of intentionally causing another person to reasonably fear imminent harmful or offensive contact. It does not require physical contact to occur.

Key Elements of Assault:

1. Intent: The perpetrator must have intended to cause apprehension of harm or offensive contact.
2. Reasonable Apprehension: The victim must reasonably believe that harm or offensive contact is imminent.
3. Imminence: The threat of harm must be immediate and not some vague or distant possibility.

Examples of Assault:

• Raising a fist as if to punch someone without actually striking them.
• Making verbal threats accompanied by actions, such as stepping aggressively toward someone.

Battery

Legal Definition: Battery is the intentional and unauthorized physical contact with another person that results in harm or is offensive. Unlike assault, battery requires physical contact.

Key Elements of Battery:

1. Intent: The perpetrator intended to make contact or act in a way that resulted in contact.
2. Contact: Physical contact occurred, either directly (e.g., hitting) or indirectly (e.g., throwing an object).
3. Harm or Offense: The contact caused physical harm or was offensive to the victim’s dignity.

Examples of Battery:

• Punching, kicking, or slapping someone.
• Spitting on someone or throwing a drink at them.

Could I file a lawsuit against my employer for assault?

If your manager or supervisor has assaulted you at work, besides filing a workers’ compensation claim, you may also have the right to file a lawsuit against your employer. This lawsuit holds your employer responsible, and will also seek compensation for injuries. 

Depending on the circumstances, you could also file a lawsuit against the assailant. You must have to show that the assailant was the person responsible and caused you to suffer injuries from the assault. However, in some cases, the assailant may not have enough compensation to cover your medical bills.

Could I recover compensation for physical assault at work?

You could recover various different types of damages, including:

• Medical bills to treat the injuries after the assault
• Lost wages from time spent out of work because of your injuries after the assault
• Emotional distress you have suffered after the assault 
• Punitive damages are also a type of compensation you could recover. These claim the employer is responsible for their malicious behavior.

What should I do after I have been physically assaulted at work?

If you have been a victim of physical assault, there are some steps that you should take to make sure that you secure your rights as a victim. This includes:

• Report the incident to your employer.  Oftentimes, failing to report the incident to your employer could raise suspicion regarding your credibility. We understand that it could be very difficult to come forward and report the assault, especially for employees who fear retaliation. However, employers are held responsible for retaliation in the event that an employee reports an assault.
•  Report the incident to the police. Oftentimes, a physical assault could lead to permanent entries, that may require a police report to be written up. A police report is oftentimes very important when it comes to filing a lawsuit in the future.
•  Get proper medical care. Many employees are afraid of reporting the assault or even getting proper medical care for fear that their employer would retaliate against them. Unfortunately, assault could lead to permanent injuries such as concussions and traumatic brain injuries. Failing to get proper medical care could make your injuries even worse, and could be held against you in the event that you are to file a claim or a lawsuit against your employer.
•  Contact a top-rated california employment lawyer. An experienced personal injury firm will help you get the legal carry you need by investigating the circumstances and gathering all relevant evidence to build your case. Contact us today to schedule a complimentary evaluation.
• Make sure that you focus on yourself. You must remain calm and make yourself a priority during this entire process. After an assault, many may experience PTSD, anxiety, or depression. It is very important that you look after your health, including your mental health. You’ll focus on yourself, and rest assured that we will focus on your lawsuit.

Why should I report an assault at work?

Many may fear coming forward and reporting an assault at work because they may think that their employer will retaliate against them. But, there are several reasons why you should instead come forward and report the assault, including:

• Retaliation is considered illegal. This means that if you were to report physical assault at work, and afterwards were treated differently, you could then file the claim for retaliation. No employer should retaliate against an employee for speaking up, especially for being a victim of physical assault at work.
•  Reporting the assault will potentially prevent the assailant from committing the assault again. This will reduce the risk at the workplace while encouraging a safe workplace environment.
•  Reporting an assault at work will also help when filing a workers’ compensation claim or a lawsuit against your employer. Oftentimes, many parties may try to cast doubt against assault claims when a report was not initially made after the assault. 
•  After reporting the assault, it becomes easier to collect evidence. For example, if you have experienced any bruising or scratches, taking photos of these injuries will help build your credibility when filing your claim for assault. 
• When you report an assault immediately after, your memory is still fresh. The longer you wait, the more you may forget. That is why you must jot down all the details as soon as it happens. 
• After reporting an assault, it is easier to get a list of witnesses and prove the incident occurred. Our attorneys will conduct investigations by interviewing witnesses, reviewing police reports, and reviewing injury photos, and medical reports.

Call A California Employment Attorney Today

Whether you are going to make a claim with your employer or file a lawsuit against your employer, give us a call today to discuss in depth what steps you should take to recover compensation.

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