Physical Assault At Work In Minnesota
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FAQ
After being attacked and injured in the workplace, you should: Report the assault. Let your supervisor and your company's human resources department or manager know what has happened. Report it verbally and follow up with a written report.
You should take legal action through a criminal trial and then file a civil lawsuit for personal injury, lost wages, and punitive damages. It is the responsibility of employers to provide their workers with a safe work environment.
Legal Recourse: You can sue the company for damages resulting from this incident. Companies are generally liable for the actions of their employees, especially if the assault happened at work or during work-related activities.
Call 911 and other appropriate emergency contacts (such as Federal Protective Service) for that particular facility, particularly if the situation requires immediate medical and/or law enforcement personnel. Remain Calm and Contact supervisor. Secure your personal safety first. Leave the area if your safety is at risk.
Yes. California permits victims of an assault to sue the person who assaulted them, whether they are co-workers or not. In some cases, the person who committed the assault may be the only one liable.
The California Department of Fair Employment and Housing (DFEH) investigates and enforces laws related to workplace discrimination, harassment, and retaliation in the state. Under the DFEH you may only have one (1) year to file a claim based on workplace harassment.
Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors.
Workers have the right to report injuries, safety issues, and actions taken against them for speaking up including being fired, demoted, or disciplined. You have the right to file both complaints if appropriate. Remember, employers are required to follow safety laws and keep you safe.
In addition, every employer must immediately report to Cal/OSHA any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment, and this includes incidents resulting from workplace violence.
For all observed or reported incidents of workplace violence, the Manager/Supervisor shall, as soon as reasonably possible, complete the Workplace Violence Incident Report (DGS OHR 24) form, gather written statements from involved employees and submit documentation to the DGS Workplace Violence Prevention Coordinator.
