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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
If you or a loved one was injured or assaulted by a co-worker and would like a free consultation with Guy D’Andrea, please call 800-220-7600. Brian is a former sex crimes unit prosecutor who now represents victims of crimes in the civil courts.
**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.
