Physical Assault At Work In Virginia
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FAQ
Simple assault is defined in Virginia Code Section 18.2-57, as any action that the person knowingly and intentionally commits an act that places a person in reasonable fear or apprehension of bodily harm or injury.
If a person is charged with a simple assault in Virginia, the maximum punishment is 12 months in jail because it is a class one misdemeanor.
Examples of workplace violence include direct physical assaults (with or without weapons), written or verbal threats, physical or verbal harassment, and homicide (Occupational Safety and Health Administration OSHA, 2015). NIOSH classifies workplace violence into four basic types.
Starting July 1, 2024, the majority of employers in California must establish, implement, and maintain a Workplace Violence Prevention Plan that includes: Prohibiting employee retaliation. Accepting and responding to reports of workplace violence. Employee workplace violence training and communication.
The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.
If you are the person who assaulted another employee in a violent incident at work, you could be looking at criminal charges in addition to any civil legal action that might take place. Your actions could also lead to your termination from the company, and you may be blacklisted from other employers in the future.
A California employer can be sued for harmful conduct for any job related stress they caused that may have caused emotional distress or emotional injuries in employees.
Examples of workplace violence include but is not limited to: Hitting, shoving or blocking of an individual.
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.
