• This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn more.
  • FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Assualt in work place

Royomri

Junior Member
#1
Hello, one of my co-workers after heated exchange of words pushed me down the stairs while there are no broken bones i am emotionally very shook up - do i have any rights? I dont think my boss will do anything
 


#2
You have the right to call the police and report a crime.

You have the right to report this to your employer.

You MAY have a work comp claim for any injury. If you were injured and you need medical help file a claim.
 

ALawyer

Senior Member
#3
What Do You Want Done?

Hello, one of my co-workers after heated exchange of words pushed me down the stairs while there are no broken bones i am emotionally very shook up - do i have any rights? I dont think my boss will do anything
Bad situation, but the issues are (1) were you injured? and (2) what would you want done, and by whom?

The employee who pushed you engaged in what might be regarded as criminal conduct -- assault and battery -- and it certainly seems to have been civilly actionable -- giving you the right to sue civilly for actual and punitive damages as the conduct would almost certainly be regarded as intentional.

The police and district attorney alone handle criminal matters. Yet what they might do in this situation is anyone's guess -- it often depends on the other employee's prior history (and particularly with any prior runs in with the law) as well as yours, and as a practical matter would often depend on what the employer wants done. If the attack was unprovoked, that's one thing, but if you could reasonably have been said to have provoked the other employee, that also might impact what happens criminally and civilly, as well as what the employer does.

Regardless of what the employer does or does not do you can sue the employee, and in some circumstances you could also sue the employer for failing to provide and maintain a safe workplace.
 
Last edited:

quincy

Senior Member
#5
Hello, one of my co-workers after heated exchange of words pushed me down the stairs while there are no broken bones i am emotionally very shook up - do i have any rights? I dont think my boss will do anything
What is the name of your state, Royomri?

What led to the altercation? Is the coworker known by your employer for being violent in the past? Are you?

If your employer knew this employee was prone to react violently - either known prior to hiring the employee, or if your employer learned of problems with this employee after the employee was hired - the employer potentially could be held liable for negligent hiring or negligent retention.

I agree with the others that the incident should have been reported to your employer and probably to the police (depending on facts).