According to law,
battery is an assault
in which the person makes physical contact without
the permission of the other person. Assault is a
threat
or
attempted physical attack by someone who
appears to be able to cause bodily harm if not stopped.
No working place is safe and immune to violence,
and employees have the right to sue the assaulter
for injuries caused because of that. Employers can
also be held responsible for the assault committed
by one of their employees on another at the workplace.
Employers can also be made accountable, under Title
VII of the Civil rights Act of 1964, for battery because
of physical harassment inflicted on account
of sex, age, race, disability, color, or national
origin. In some states, if the employer fails
to act on the first harassment complaint that later
results in physical harassment, the mistreated employee
can seek damages against the employer for battery.
If the employee has been assaulted at the workplace
by a coworker, resulting in on-the-job injuries, he/she
can file for workers’ compensation against the
employer. If serious injuries have been inflicted,
then the employee can press charges of pain and suffering
and claim damages from the employer, which might be
substantial compared to workers’ compensation.
At the time of wrongful termination, physical
assault occurs when the employee is obstructed physically
from taking his/her personal belongings, or he/she
is shoved or removed from the workplace using physical
force. If such is the case, the employee can file
a case against the employer. It is advisable to consult
a labor attorney.
