A working place should be professional and a safe place, but, unfortunately, violence can still happen. Co-worker assault is a serious issue that can result in physical harm, emotional distress, and financial losses. Whether assault happens because of an argument in the workplace, tension over a long period of time, or in a sudden act of violence, employees have rights and remedies to pursue justice and compensation.
In California, workers who have suffered from workplace violence may be entitled to bring a workers’ compensation claim, personal injury lawsuit, or even sue their employer if the employer was negligent in ensuring they had a safe working environment. Being aware of these avenues is important for those seeking compensation for medical costs, lost income, and mental distress.
What Constitutes Assault in the Workplace?
Workplace assault is the act of one employee threatening, attacking, or physically injuring another. Although angry arguments and small disputes are rampant in workplaces, physical violence moves beyond criminality and civil liability.
Common types of workplace assaults include:
- Physical Attacks – Punching, kicking, slapping, pushing, or any intentional use of force.
- Verbal Threats – Threatening bodily harm, even without physical contact, can still be considered assault if it causes reasonable fear.
- Sexual Assault or Harassment – Unwanted physical contact, inappropriate touching, or coercion.
- Use of Weapons – Attacks involving knives, guns, or other objects that cause injury.
- Ongoing Bullying or Intimidation – If persistent workplace harassment escalates into violence.
Understanding Assault vs. Battery
In legal terms, assault and battery are different but related offenses:
- Assault occurs when someone threatens harm and the victim has a reasonable fear that the threat will be carried out.
- Battery occurs when the attacker actually makes physical contact and causes harm.
For instance, if a co-worker raises their fist and threatens to hit you, that’s potentially assault. If they actually hit you, then that is battery. Both are punishable by law, and you can potentially sue for damages on top of any criminal charges brought against the attacker.
Can You Sue a Co-Worker for Assault?
Yes. If you have been assaulted by a co-worker, you might be able to sue them for a personal injury. Assault and battery are intentional torts, which means they are wrongful acts for which victims can recover money.
To win a lawsuit, you must prove the following:
Intentional Act – The co-worker deliberately attacked or threatened you.
Injury or Harm – You suffered physical injuries, emotional trauma, or financial losses.
Unjustified Action – The co-worker was not acting in self-defense or under legal authority.
Even if the attacker isn’t convicted of a crime, you can sue them in civil court. A civil case carries a lower standard of proof than a criminal case, so to win you have to show it was more probably than not that the assault occurred.
What Damages Can You Recover?
If you sue your co-worker for assault, you may be able to recover various types of compensation, including:
- Medical Expenses – Coverage for hospital bills, surgery, physical therapy, and medications.
- Lost Wages – Compensation for time off work due to injuries.
- Pain and Suffering – Damages for physical pain and emotional trauma.
- Punitive Damages – If the assault was intentional and severe, courts may award additional money to punish the attacker.
Can Your Employer Be Held Liable?
In some circumstances, your employer can also legally be held accountable for workplace violence. Employers owe employees the duty of creating a safe working environment, and they can become liable for negligence if they cannot keep employees out of harm from foreseeable violence.
Examples of Employer Liability
- Negligent Hiring – If the employer hired someone with a known history of violence without proper background checks.
- Failure to Provide Security – If the employer ignored threats of violence or failed to implement workplace safety measures.
- Ignoring Complaints – If employees reported aggressive behavior from a co-worker, but management failed to act.
- Lack of Training – If the company failed to train employees on handling workplace conflicts and preventing violence.
For example, when several employees complain against a hostile co-worker and management does nothing, the employer might be held liable for negligence when that employee later on attacks someone.
Workers’ Compensation vs. Personal Injury Claims
After an assault at work, victims typically have two legal options:
- File a Workers’ Compensation Claim – Covers medical expenses and lost wages but does not allow victims to sue for pain and suffering.
- File a Personal Injury Lawsuit – Allows victims to sue the attacker (or employer) and recover full compensation, including emotional distress.
Many victims pursue both options—filing a workers’ compensation claim for immediate expenses while also filing a civil lawsuit against the attacker for additional damages.
Steps to Take After an Assault by a Co-Worker
If you are assaulted at work, taking the following steps can protect your legal rights:
1. Seek Medical Attention
Even if your injuries seem minor, it is crucial to see a doctor immediately. Medical records serve as evidence in any legal claims.
2. Report the Assault to Your Employer
Notify your supervisor or HR department and file a written incident report. Be as detailed as possible.
3. Contact Law Enforcement
If the assault was serious, call the police and file a criminal report. A police report strengthens your case.
4. Gather Evidence
Collect any evidence related to the assault, such as:
- Witness statements from co-workers
- Surveillance footage
- Emails, texts, or prior complaints about the attacker
- Photos of injuries
5. Consult a Workplace Violence Attorney
An experienced workplace injury lawyer can help you file a workers’ compensation claim or a civil lawsuit.
How Long Do You Have to File a Lawsuit?
Victims of accidents in California may be entitled to various types of compensation, including:
- Medical Expenses: Covers emergency room visits, hospital stays, physical therapy, surgeries, and ongoing treatment.
- Lost Wages and Loss of Earning Capacity: If injuries prevent you from working, you may be compensated for current and future lost income.
- Pain and Suffering: Compensation for physical pain, emotional trauma, and reduced quality of life.
- Property Damage: Covers repair or replacement costs for vehicles and other damaged property.
- Punitive Damages: In cases of extreme negligence or misconduct, courts may award additional compensation to punish the wrongdoer.
Each case is unique, and the amount of compensation depends on the severity of the injuries and the impact on your life.
Why You Need an Experienced Workplace Assault Lawyer
If you have been assaulted by a co-worker, navigating legal claims alone can be overwhelming. An experienced lawyer can:
- Determine Liability – Identify whether your employer is responsible.
- Maximize Compensation – Ensure you receive full financial recovery.
- Negotiate Settlements – Handle insurance companies and legal disputes.
- Represent You in Court – If needed, take your case to trial.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
