what kind of lawyer do i need if i was assaulted at work

A personal injury attorney can help with workplace violence related incidents and an employment lawyer can help you with multiple areas of work-related lawsuits such as: Sexual harassment Discrimination based on disability, race, gender, age or religion

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Should I hire a lawyer for an assault charge?

If you are looking to press charges for an assault, or if you already have pressed charges, it is advisable to find legal representation. Victims who have been harmed by an aggressor in an assault should hire a personal injury lawyer.

What should I do if I’m assaulted at work?

No matter if you knew the person or you were assaulted by a stranger, one of the first things to do after a workplace assault is to contact the police and file a criminal complaint against your attacker.

Who commits workplace assaults?

Some workplace assaults are committed by non-employees, such as vendors, customers or clients, or even spouses of employees.

Do you need a lawyer after a violent incident at work?

You deserve to feel safe at work, and when a violent incident occurs at your place of employment, you need the best legal representation on your side. Acts of violence in the workplace are unfortunately on the rise.

What happens if you violate your duty of care?

If they violate this duty of care, they may be liable for civil damages when an employee is assaulted or sexually assaulted by a co-worker. A lawsuit against the employer for a workplace assault is just one option.

What is civil lawsuit?

A civil lawsuit, on the other hand, is focused on the victim. It is about making the victim as whole as possible. The victim is a party. This means that the victim gets to decide how far to take a lawsuit and whether to settle out of court.

Can you sue an employer for assault?

A lawsuit against the employer for a workplace assault is just one option. The victim of a workplace assault can also do any or all of the following: Complain to their company’s human resources department or a supervisor; File a police report; Apply for worker’s compensation; and/or.

Why is it important to report a crime in California?

Reporting the crime can prevent the defendant’s lawyer from using the lack of a police report to question the victim’s credibility, and. If the defendant is convicted in a criminal trial, it can extend the California statute of limitations — the period during which a crime victim can file a civil lawsuit for damages.

Is an employer liable for an employee's actions?

In such cases, the employer may be “vicariously” (indirectly) liable for its employee’s actions. This is known as respondeat superior law. “Respondeat superior” is a Latin phrase meaning “let the master answer.”.

Does Respondeat Superior apply to an employee who assaults a co-worker?

As the result of the employee’s actions, someone was injured. In most cases, respondeat superior will not apply when an employee assaults a co-worker.

Do you have to file a civil lawsuit if you are a victim of a criminal case?

And if the prosecutor does bring criminal charges, a conviction is not required for the victim to sue. A victim can bring a civil lawsuit even if a jury finds the defendant “not guilty” at trial.

Who should report a physical assault?

A creditable threat of physical violence, verbal harassment, or sexual assault should be immediately reported to a supervisor or human resources professional. If that report is not resolved, the employee who is being assaulted has the right to file a workplace assault lawsuit for negligence in civil court.

What can a personal injury lawyer do?

A personal injury attorney can help with workplace violence related incidents and an employment lawyer can help you with multiple areas of work-related lawsuits such as: Sexual harassment. Discrimination based on disability, race, gender, age or religion. Wrongful termination. Pregnancy discrimination .

What are the duties of an employer when you are subjected to violence at work?

Workplace shootings. Employers have certain duties to keep their employees safe, and when you are subjected to violence at work, you have the right to seek justice.

What happens if an employer fails to take such measures?

If employers fail to take such measures, employees can file a lawsuit for an unsafe work environment. Negligent Training – Along the same lines of negligent security, employers need to train all their employees as to what to do in a dangerous scenario like a robbery or customer hostility.

What is workplace violence?

According to the National Institute for Occupational Safety and Health, workplace violence is a “violent act directed toward persons at work or on duty,” including threats of assault, threatening behavior, and verbal abuse. If you have experienced a physical, behavioral, or verbal act of violence at your workplace, ...

What is the statute of limitations for workplace violence?

When you are suing for workplace violence, you must make sure your claim has not expired under the state’s statute of limitations. Statutes of limitations are state-enacted time limits on filing claims. They tend to encourage people to investigate and file their claims more quickly, which will have the natural effect of preserving evidence for trial. You want people’s memories to be accurate and documents to still be available by the time you sue.

What to do when you are injured at work?

When you are injured at work in an act of workplace violence, you need to look into the feasibility of filing a claim against your employer. You can do this by alleging a number of different things, depending on the circumstances of your particular claim.

Can I sue my employer for being assaulted at work?

Usually you cannot sue your employer directly, you can only make a workers compensation claim. This can cover some of your medical issues and lost wages.

Can an employer fire you for defending yourself?

In general courts in other parts of the country have ruled that employers who terminate employees for defending themselves may be guilty of wrongful termination, but this issue has not yet come up in New Jersey. New Jersey is an at-will employment state. It also may depend on what your company policy has to say about self-defense at work.

Does mental damage count as damage covered by workers compensation?

Yes. It is recognized that threats or threatening behavior can cause actual mental harm. While a workers compensation case based on mental health may be a little harder to win than one based on physical injury it is still possible to file a workers compensation claim.

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What is the purpose of a civil assault lawsuit?

The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator.

What is the difference between assault and wrongful act?

A wrongful act (intentional or otherwise) usually requires " damages " (injury or harm of some kind) in order to be actionable, and assault cases are no different. In an assault case, damages can include physical injuries and the cost to treat those injuries, lost income, and other more subjective harm. Here's a breakdown of the different kinds of damages that may result from an assault.

What are the elements of assault?

If you are going to file an assault lawsuit, there are a few main elements you must be able to prove: an intentional action on the part of the defendant. the defendant's intention to cause apprehension of harm, and. your resulting reasonable apprehension of immediate harm.

Is assault a crime?

Most people likely think of "assault" as a crime, but it's also the kind of wrongful act that can form the basis of a personal injury lawsuit. Here's what you need to know.

Does liability insurance cover assault?

That's because no liability insurance policy will cover an intentional act like assault, so only the defendant will be on the financial hook. If you sue a defendant who has little in the way of assets, you'll soon find out that winning money in court isn't the same as collecting it.

Is a physical contact considered assault?

The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, the physical contact is usually considered a " battery " in civil law, although both claims are often made together. Learn more about assault and battery as personal injury claims.

Did the bat hit you in the head?

In showing you the bat, he accidentally knocked you in the head with it, causing a small cut. In this instance, no assault occurred. There was no intention to cause fear of harm, you were not apprehensive and, in fact, you consented to touching the bat.

What to do if you are charged with assault?

If you have been charged with criminal assault or battery, you should contact an experienced criminal defense attorney immediately. They will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.

What are the defenses to assault and battery?

The following is a list of defenses that may apply to civil or criminal assault and battery charges: 1 Self-Defense: The most well-known defense to assault and battery is that the defendant was acting in self-defense. This means that the defendant was the person initially attacked by the plaintiff and committed assault or battery to protect themselves. This may also open the plaintiff to a counter-suit for assault and battery by the defendant. Further, a person may also use reasonable force to defend another person in some cases; 2 Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; 3 Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched. For example, if the plaintiff was actively participating in a contract sport or at a sports event where the possibility of being hit by an object was a known risk, such as at a baseball game; or 4 Denial of Elements: As noted above, a victim must be able to prove all of the required elements of an assault and battery. Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What is victim compensation?

Victim compensation funds are provided through a government program in order to reimburse victims of violent crimes, such as assault or battery, as well as their families for out-of-pocket expenses and medical bills. Every state has some sort of victim compensation program; thus, it is important to look up the requirements for receiving funds ...

What happens when a defendant disproves one of the required elements?

Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What are the elements of a civil assault?

The elements that must be proved in order for a plaintiff to succeed in a civil suit for assault are as follows: There must be an intentional attempt or threat to inflict injury on a person.

How long does it take to respond to a civil lawsuit?

This means that you will have to legally respond to a civil lawsuit, once served, typically within 30 days, and deny the charges or assert any defenses available to you.

What happens if you don't plead guilty to a crime?

Finally, if there is no plea bargain a preliminary hearing will be held where a judge will determine whether there is sufficient evidence to charge you with a crime.

What is workplace assault?

Assault in the Workplace. A workplace, like any environment where a number of people are grouped together (usually not by their own selection) in confined space every day, can become very tense. Throw in personality conflicts, power dynamics, and cultural differences, and you have a volatile mixture.

What happens if an employee assaults another person?

An employee who assaults another person in the workplace may be charged with the crime of assault and also may be sued for financial damages in a civil action brought by the victim.

What are some ways to reduce violence in the workplace?

Employers have turned to various techniques for reducing the incidence of violence in the workplace, such as employee training, mediators, facilitators, team-building exercises, and the like.

What is assault crime?

Assault, like all crimes, is defined by the law of the state in which it occurs. As typically defined, a person commits assault by intentionally inflicting or threatening to inflict physical injury on another person. For simple assault, the conduct need not result in an injury. An aggravated assault, as defined by state law, ...

Who is liable for assault?

Employee liability for committing assault. An employee who lashes out and assaults a co-worker or another person in the workplace may be exclusively liable for resulting injuries, particularly where: the employer had no reason to believe the employee would engage in violence, the assaultive conduct was not job-related, or.

Can an employer be liable for a restraining order?

Employers also may be liable for such violence when they had reason to know of the assailant's tendencies but failed to take preventive measures (such as where a restraining order is in place but the employer fails to prevent the subject of the order from entering the premises).

Is physical violence a criminal threat?

But if it's a sincere, believable threat of physical violence, it may be assault or a criminal threat and could result in an arrest, a civil lawsuit, and other repercussions. Assault in the workplace is a perennial problem but it can be prevented by employers and employees alike if they take the right steps before conflict escalates.