QUESTION

What should I do if my employer assaulted me at work?

Asked on Nov 09th, 2011 on Personal Injury - Oregon
More details to this question:
Out of rage, my employer struck me in the face at work. There has been similar behavior in the past. The police were called and a report was filed. The officers said that the charges would likely stick. Should I seek some sort of civil action against my employer as well? Would I need an employment lawyer or a personal injury lawyer for a case like this?
Report Abuse

8 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
Update Your Profile
What city are you in?
Answered on Jun 26th, 2013 at 1:25 AM

Report Abuse
The employer should not have assaulted you and yes his/her behavior is wrong, but what are your damages? Is it worth $1,000 or $500? Is it worth $100? I have no way of knowing, but there is a more important question you need to answer. Why do you want to work there? Beyond the answer to that question one has wonder how long will your employer keep you employed.
Answered on Nov 18th, 2011 at 10:01 AM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
A personal injury lawyer, the guy is personally liable.
Answered on Nov 17th, 2011 at 3:39 PM

Report Abuse
Personal Injury Attorney serving Marietta, GA at Law Office of Ronald Arthur Lowry
Update Your Profile
Both, or a lawyer familiar with both areas of law, in my opinion.
Answered on Nov 17th, 2011 at 3:27 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
If you had a serious injury you could sue for personal injuries, pain and suffering. But if you mainly have just hurt feelings you wont get very far with that. If you have a lawyer that handles labor law you might consult him. The problem with that is that most labor lawyers represent only the employers.. One of those could help if there is no conflict. Your local bar should be able to refer you.
Answered on Nov 17th, 2011 at 1:51 PM

Report Abuse
Kevin Elliott Parks
Whether or not you pursue a civil claim is up to you. Just because your employer might be held criminally liable for an act doesn't necessarily mean there's a good basis for you to pursue a lawsuit. But that said, there may well be any number of perfectly valid causes of action here, it's simply a matter of evaluating the facts and looking at the damage aspect of the situation. The answer to what type of lawyer you'd need, then, depends on what type of damages may have resulted from the incident(s). If you've been physically injured in some way, then a plaintiff's personal injury attorney is likely your best bet. If it's more along the lines of feeling threatened at work, or feeling insecure in your ability to maintain your job, then a plaintiff's employment attorney is more what you'd likely need.
Answered on Nov 17th, 2011 at 1:51 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
What you should do is entirely up to you. But yes, you can file a lawsuit to recover damages under the circumstances you describe. But: you use the term "employer". Did he employ you directly, or was he a supervisor who was employed by a company that you worked for? You can sue him personally in either case, but if you both worked for a company, you can't go after them. Normally, civil assault cases aren't worth pursuing, but if the defendant has assets, this may be the exception.
Answered on Nov 17th, 2011 at 1:50 PM

Report Abuse
Automobile Accidents Attorney serving Portland, OR at The Law Office of Josh Lamborn, P.C.
Update Your Profile
You will probably want to consult with both an employment lawyer and a personal injury lawyer. If your employer has sufficient assets to cover your injuries plus a sizable award for pain and suffering and possibly punitive damages you may want to choose to pursue a personal injury lawsuit against him. First, you will want to proceed with the criminal case however, because if your employer is convicted of assaulting you, your civil case gets that much easier. Having said that, do not wait to consult with a personal injury lawyer that specializes in representing crime victims. If you wait too long you could blow the statute of limitations (2 years in OR). Also, when I represent crime victims I often represent them during the criminal case to shepherd them through the criminal justice system and ensure that their rights as a crime victim under the Oregon Constitution are enforced. This also allows me to stay abreast of the case so that when and if there is a civil suit I already know all of the facts and have a plan for how to proceed on the case. Finally, participating in the criminal case can result in a negotiation of the civil case along with the criminal case.
Answered on Nov 17th, 2011 at 1:12 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters