Battery by a Co-Worker in the Workplace

No one expects to be the victim of an assault or battery by a co-worker, especially when the workplace is supposed to be somewhere you feel comfortable enough to do your job to the utmost of your ability. Unfortunately, injury from an attack by a co-worker happens more than you would think, and if it happens to you, you need to understand your rights.

Understanding Your Rights as an Assault Victim

There are many aspects of law that come into play in a case of assault and battery by a co-worker. There is the criminal aspect of the co-worker attacking you; there is the personal injury aspect of your wounds; and then there is the added complexity of all of this occurring at your workplace, which would fall under workers’ compensation.

Firstly, whenever you are a victim of a crime, you have the right to report it to the police and request that the perpetrator be prosecuted. As a victim to a crime, Florida law and the recent constitutional amendment known as “Marsy’s Law” guarantee your right to be informed and to be heard at critical stages of prosecution, including setting bail and any plea offers. If the perpetrator is convicted or enters a plea, you are entitled to restitution for any out-of-pocket expenses, including lost wages as a result of any injury you suffered. Regrettably, it is common that the perpetrator does not have the resources to make you whole again.

Separate and apart from the criminal case and restitution are civil remedies. This could be in the form of a personal injury lawsuit against the perpetrator. Once again, results from this lawsuit may not make you whole, as the perpetrator may not have sufficient funds or assets to pay for your loss.

What Responsibility Does My Employer Have Towards Workers’ Compensation for Assault on the Job?

Florida’s workers’ compensation law entitles you to have your employer provide and pay for medical care due to injuries you suffered while at work. The law also allows you to have your employer pay a portion of your lost wages, should your injuries prevent you from immediately returning to work. This coverage usually includes injuries as a result of a battery by a co-worker if it was unprovoked and occurred in the course and scope of your employment. The downside is that this same law may also shield your employer from any civil lawsuit for negligent hiring, retention or supervision.

For example, if you are provided with medical care and compensated with a portion of your lost salary through a workers’ compensation claim, you likely cannot sue your employer, even if they were negligent in hiring a person with a violent criminal history. There are exceptions to the prohibition of lawsuits against your employer, including certain actions by the owner that are considered intentional torts, and cases of battery that involve allegations of sexual harassment.

There is also the legal doctrine of election of remedies that may allow you to sue your employer for negligence if they do not timely accept the worker’s compensation claim and provide care and compensation required under the workers’ compensation law.

Assault & Battery Law Firms in Gainesville, FL

Because of the extremely complex interaction between workers’ compensation, criminal defense and traditional civil law, it is critical to speak with a law firm in Gainesville, FL that understands your rights and options. If you are the victim of battery by a co-worker, employer or if you are a victim from a third-party, such as a customer, contact Avera & Smith immediately at 352-372-9999.