Depending on the circumstances and the state in which the assault occurred, you may be able to file a workers’ compensation claim in addition to other tort claims against the perpetrator (co-worker), your employer and other parties. Each state’s workers’ compensation laws differ. In addition, states vary in terms of whether courts will recognize claims against the employer, co-workers, etc.
However, many states, such as Pennsylvania and New Jersey, allow claims against the employer under very specific circumstances. In co-worker assault situations, an employer might be held liable where the employer knows about repeated assaults and fails to respond. The co-worker might be liable if the assault did not arise during or as a result of the employment, and instead was purely personal.
It is very important to have a co-worker assault case reviewed by a lawyer who can determine the likelihood of succeeding in a civil tort claim.
Related article: Crimes & Violence at Work – Civil Tort Cases
Pennsylvania & New Jersey Workplace Violence Lawyers
Laffey Bucci D’Andrea Reich & Ryan handles assault cases in the Northeast area with offices in Pennsylvania, New Jersey and New York. Guy D’Andrea and Stewart Ryan always offer free, confidential consultations. The firm has the resources and experience to handle cases in all states and welcomes calls from local counsel about potential cases. Call (215) 399-9255.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.