What doI do if an employee assaults me and management does nothing about it?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption