Employee Assaulting Other Employees – Workplace Violence Lawsuit Attorneys
There are conflicts in every place of work, whether you are an office employee or a repair technician. Most people can work out their differences, either on their own or with help from their supervisor and/or Human Resources Department. This is due to the fact that most people have a sense of professionalism in the workplace, and there is a certain code of conduct that must be in place at all times.
Unfortunately, some people have personality issues and a propensity for violence, which means they can lash out at their co-workers in dangerous ways. So, what can you do if you are assaulted by a co-worker while you’re at work? What kind of legal actions can you take against your attacker? Can you also file a lawsuit against your workplace?
The workplace violence injury lawyers of DTLA are here to provide you with answers to all your questions if you have been assaulted by another worker at your job. Contact our office and speak to a lawyer with experience in cases of an employee assaulting other employees.
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Victims of assault and battery in the workplace can seek criminal prosecution against their attacker, as well as monetary compensation from a civil lawsuit. However, you can still proceed with a lawsuit even if you choose not to file criminal charges. You can also ask for a restraining order so that your attacker is forbidden from contacting or threatening you. This will allow you to contact the police and have the person arrested if they violate the terms of the restraining order.
A complaint with the California Department of Fair Employment and Housing is another option you can explore as a victim of workplace violence. This will initiate an investigation by the DFEH, which may result in punitive actions, like termination of the perpetrator’s employment. This type of legal action can help to strengthen your case against the abuser if you plan on seeking monetary damages.
Should I File a Police Report?Yes, we highly recommend that you take this step if a co-worker has physically or sexually assaulted you. For one thing, a police report is tangible evidence that contains important details about the incident. Depending on the type of attack, your employer may be required to contact the authorities as well. However, it’s essential that you as the victim speak to the police and have them document the injuries you’ve suffered and who is responsible for the incident.
In addition, you should seek medical attention right away, which your employer should also encourage you to do. You may be eligible for worker’s compensation, along with monetary damages from a lawsuit. However, there are specific steps that have to be taken under California law, and having proof of your injuries is one of these requirements.
Filing a Complaint with Your EmployerWe advise that you file a formal complaint with your employer, even if you’ve spoken with the police. Make sure to submit a written statement, which you can read over to ensure that all the relevant details are included. It would help greatly to include evidence as well, such as threatening communications between you and the employee, medical bills, copy of the police report, and photo / video recording of the incident.
It’s important to understand that filing a complaint with your employer does not guarantee a certain set of results. After all, they are not a law enforcement agency, and thus, there is some latitude is how they can choose to respond to your complaint. However, there should be a system in place to investigate what happened to you, along with disciplinary actions against the attacker. This is another helpful step in terms of building a strong and solid case for monetary compensation.
Ultimately, your employer will be more concerned about avoiding liability for your injuries than they are about anything else. That’s why it’s crucial to have a legal advocate that’s looking out for your interests. If you are the victim of workplace assault and battery, contact the attorneys of DTLA Law Group.
Who Can I Sue if my Co-Worker Assaulted Me?You can file a civil lawsuit against the co-worker that assaulted you, as their reckless conduct is the reason you suffered bodily harm. To maximize your chances of success, it’s important to seek legal advice right away. A skilled assault and battery lawyer will gather evidence, speak to witnesses, obtain expert testimony, and take care of many other tasks that are associated with a lawsuit for assault and battery.
People in this situation also have questions about their right to sue their employer. This is a more tricky area of law, as it depends on circumstances that are unique to each and every case. Generally, your right to sue your employer will depend on their actions (or lack of action) if they were aware that the employee was a danger to others. For example, if there are previous incidents involving this employee, but the employer failed to fire them or place them on leave pending an investigation, that may be grounds for a lawsuit.
Employers are also forbidden from retaliating against an employee for contacting the authorities if you were assaulted by someone at work. Sadly, some employers care more about their company’s image or protecting a certain individual at work, rather than obeying the law and protecting the injured party. If you believe that your rights as an employee were violated, contact us right away for additional guidance from a workplace discrimination and retaliation attorney.
Victims of assault and battery by co-workers in California may be eligible for compensation in the form of economic and non-economic damages, such as:
- Medical expenses
- Wages lost during the recovery period
- Pain and suffering
- Emotional distress, mental anguish, loss of enjoyment of life, etc.
- Legal fees
- Punitive damages
An experienced assault and battery lawyer is crucial when you are fighting for your rights as an injury victim. This is the best way to recover the full range of damages you deserve, based on your level of harm and suffering. A workplace injury attorney at our office will help you develop the best legal strategy and ensure that you receive what you are entitled to under California law.
Contact Us TodayNo one should have to worry about the possibility of being assaulted at work, especially by a fellow employee. As someone who has been through such a traumatic incident, you are likely to have questions about your rights and legal options. DTLA Law Group is here for you, with decades of experience in workplace disputes, including employee assault and battery injury claims.
All legal fees are paid by the defendant at the end of your case, meaning you will not be charged upfront if you decide to hire us. This is the core principle behind the Zero Fee Guarantee, which we offer to all victims of assault and battery. In the event you don’t receive compensation from a lawsuit, we take on all the expenses and charge you $0.
To discuss your case with a workplace violence lawsuit attorney, contact us right away to schedule a free case evaluation. We can also provide you with a free second opinion if you have questions or concerns about a lawsuit that’s currently in progress. Please give us a call to learn about the ways we can assist you if you sustained injuries from a workplace assault and battery incident.
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