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The Global Insight

Can I sue my employer if I was assaulted at work?

Author

Robert Miller

Updated on April 04, 2026

when can I sue the boss? Employers have a duty of care to provide a safe work environment for their employees. 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. Bring a civil lawsuit for compensatory damages against the co-worker.

What happens if someone assaults you at work?

Assault in the workplace is not only a crime; it also results in civil liability for employers and employees. 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.

What law makes employers liable for the actions of their employees?

Employers can be held liable for their employees acts under a legal theory known as “respondeat superior” which is Latin for “let the superior answer.” There are some limitations on this rule and employers are not responsible for all of their employees’ acts.

What are companies liable for?

In accounting, companies are liable for accounts and employee wages, rental payments and taxes, and both long- and short-term loans. Owners’ equity is deemed a liability since the company is liable to its owners.

Can you defend yourself at work?

The Supreme Court specifically held that while a particular employee may assert a public policy right to self-defense, an employer also has an interest in protecting its employees and customers from harm that could occur as a result of the employee’s actions in defending himself.

What happens if an employee is assaulted by a co-worker?

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.

Can a lawsuit be filed for workplace assault?

Lawsuits for workplace assault serve a different function than a criminal prosecution or an HR complaint. The criminal justice system is focused on the perpetrator. It is about determining guilt and appropriate criminal punishment. The D.A. brings the action and decides whether to pursue charges and whether to let the perpetrator cut a deal.

What can I do if someone assaults me at work?

You could also sue the other employee for assault and battery, but you may not have significant damages if you weren’t injured in the assault. However, it’s still assault if someone makes physical contact with you without your consent, even if you aren’t injured. Is There A Harassment Law? So Can I Sue My Employer If I Get Assaulted At Work?

Can you be fired for assaulting an employee?

Usually, any assault that occurs during work time meets the second prong, but will fail the rest of the test. Assaulting an employee is almost never in the interests of the employer, and the employer would never expect one employee to assault another.