What doI do if an employee assaults me and management does nothing about it?
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What doI do if an employee assaults me and management does nothing about it?
Asked on November 13, 2011 under Employment Labor Law, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue the employee for assault and battery. You can also press criminal charges against the employee for assault and battery. The criminal case is separate from the civil case. Since assault and battery are intentional acts, the employer is not liable as intentional acts are considered to be outside the scope of employment. This is in contrast to an employer being liable for the negligence of an employee which occurs in the course and scope of employment.
Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege. Assault does not require any physical contact; only reasonabl apprehension of an immediate battery (battery is the physical contact). Battery is the intentional harmful and offensive touching of the person of another without consent or privileg.
Your lawsuit against the employee would have separate causes of action (claims) for assault and battery. Your damages (the amount of compensation you are seeking in your lawsuit) would be for medical bills, pain and suffering and documentation of any wage loss. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering. Compensation for pain and suffering is an amount in addition to the medical bills. You can also seek punitive damages which is a substantial amount to punish the intentional and malicious acts of the defendant (employee you are suing). You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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