Am I entitled to some sort of compensation for an assault that occurred at my job?

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Am I entitled to some sort of compensation for an assault that occurred at my job?

I was physically assaulted by another employee I was giving a verbal warning to. She had me pinned in my chair giving me several hits to my head, neck and hands. I am pressing charges but since the incident I have been written up by the company for “gossiping” but in fact I pleaded and told them their write-up was not justified it was hear say. I am currently seeking counseling because I now have anxiety and my hand has not healed. I had to use my own sick time to cover only 2 days I had to take because of the incident. The company has showed no compassion.

Asked on February 7, 2012 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A company is generally not responsible for the criminal actions of its employees; those are actions beyond the scope of employment (e.g. criminal assault is not part of the job), and so the employer is not responsible for it. There is  an exception if the attacker had a history of violence, had made threats of violence (either against you personally, or more general threats), etc., of which the company was aware. If they were on notice of her potential for violence but took no action (e.g. continued to employee her), then they could be liable for their negligence in so doing. Again though, if this was an "out of the blue" attack without prior notice or warning, then the company would not be responsible for it.

You could, however, sue your attacker for compensation, such as for medical costs, lost wages (if you missed work), pain and suffering, etc. People may be held financially responsible for injuries they cause.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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