Being hit by your boss is not only a traumatic experience but also a serious violation of your rights as an employee. Whether it was a one-time incident or part of a pattern of abuse, you may be wondering, “Can I sue my boss for hitting me?” The answer is yes, you can. However, taking legal action against your employer requires a clear understanding of your rights, the legal process, and the potential outcomes. In this guide, we’ll discuss what to do if your boss hits you, how to prove liability, and what legal recourse you have.
Understanding Workplace Assault
Assault in the workplace is a serious matter. It can be physical, verbal, or even psychological. In this context, assault refers to any intentional act by your employer that causes you to fear for your safety or results in physical harm.
Physical assault is the most obvious form of workplace assault. This can include hitting, punching, kicking, or any other physical contact intended to harm you. Verbal assault involves threatening language or behavior that creates a hostile environment. Psychological assault, on the other hand, may involve actions that cause emotional distress or post-traumatic stress disorder, such as bullying, harassment, wrongful termination or constant belittling.
What Are Your Rights After Being Assaulted by Your Boss?
Being assaulted by your boss is not only physically and emotionally distressing, but it also violates your rights as an employee. In the aftermath of such a traumatic event, it’s essential to understand what rights you have and how you can protect them.
Right to a Safe Workplace: Every employee deserves a workplace free from violence. Employers are legally obligated to ensure a safe environment for their employees, including protection from assault by supervisors.
Right to Report the Incident: After an assault, you have the right to report it to your employer or HR. Reporting is crucial for your safety and to prompt necessary action from your employer.
Right to File a Lawsuit: You have the right to sue your employer for assault and seek compensation for damages, including medical bills, lost wages, and pain and suffering.
Right to Legal Representation: Seek legal help from an attorney specializing in workplace assault cases to understand your rights and navigate the legal process.
Right to Protection Against Retaliation: It’s illegal for your employer to retaliate against you for reporting violence. If you experience retaliation, you can take legal action.
Right to Justice: Above all, you have the right to seek justice for the harm done to you. Holding your employer accountable protects your rights and prevents future incidents.
What to Do if Your Boss Hits You
If you’ve been physically assaulted by your boss, it’s crucial to take immediate action. Here are the steps you should take:
Document the Incident: Write down exactly what happened, including the date, time, location, and any witnesses present. Take photos of any injuries you sustained.
Report the Incident: Report the incident to Human Resources or another appropriate authority within your company. Make sure to follow your company’s reporting procedures.
Seek Medical Attention: Even if your injuries seem minor, it’s essential to seek medical attention. Some injuries may not be immediately apparent, and having documentation of your injuries is important for any legal action you may take.
Consult with a Personal Injury Attorney: Before taking any further action, it’s wise to consult with a personal injury lawyer who specializes in workplace assault cases. They can advise you on your legal options and help you navigate the legal process.
Can I Sue My Boss for Hitting Me?
Yes, you can sue your boss for hitting you. However, suing your employer is a significant legal step and should not be taken lightly. Here are some key points to consider:
Legal Principle: Your boss has a legal duty to provide a safe work environment free from violence and harassment. By hitting you, they have breached this duty.
Proving Liability: To successfully sue your boss for hitting you, you’ll need to establish causation. This means proving that your boss’s actions directly caused your injuries.
Evidence: Gathering evidence is crucial in proving liability. This may include witness statements, medical records, photographs of your injuries, and any documentation of past incidents of abuse.
Workers’ Compensation: In addition to suing your boss, you may also be entitled to workers’ compensation benefits to cover medical expenses and lost wages resulting from the assault.
How Do I Sue My Boss for Hitting Me?
Suing your boss for hitting you involves several steps:
Consultation: Schedule a free consultation with a personal injury attorney to discuss your case. They will assess the strength of your case and advise you on the best course of action.
File a Lawsuit: If you decide to move forward with legal action, your attorney will file a lawsuit against your employer on your behalf.
Discovery: During the discovery phase, both sides gather evidence to support their case. This may include depositions, interrogatories, and requests for documents.
Negotiation: Many cases are resolved through negotiation before going to trial. Your attorney will negotiate with your employer’s legal team to reach a settlement that fairly compensates you for your injuries.
Trial: If a settlement cannot be reached, your case will go to trial, where a judge or jury will decide the outcome.
What Can I Recover if I Sue for Assault at Work?
If you sue your boss for hitting you, you may be entitled to several types of compensation, including:
Medical Expenses: This includes the cost of medical treatment for your injuries, including doctor’s visits, hospital stays, surgery, medication, and therapy.
Lost Wages: If you had to take time off work due to your injuries, you may be entitled to compensation for lost wages.
Pain and Suffering: You may also be entitled to compensation for the physical pain and emotional distress caused by the assault.
Punitive Damages: In some cases, the court may award punitive damages to punish your employer for their actions and deter future misconduct.
Workers’ Compensation Benefits
In addition to suing your boss, you may also be entitled to workers’ compensation benefits. Workers’ compensation is a no-fault insurance program that provides benefits to employees who are injured on the job, regardless of who was at fault.
Pursuing Workers’ Compensation Benefits
To pursue workers’ compensation benefits, you’ll need to:
Report the Incident: Report the assault to your employer as soon as possible. There are strict deadlines for reporting workplace injuries, so it’s essential to act quickly.
File a Claim: Fill out a workers’ compensation claim form and submit it to your employer’s workers’ compensation insurance carrier.
Medical Treatment: Seek medical treatment for your injuries, and make sure to keep all documentation of your medical expenses.
Follow Your Doctor’s Orders: Follow your doctor’s orders and attend all appointments to ensure you receive the maximum compensation available.
How an Attorney Can Help You After Being Assaulted by Your Boss
Dealing with the aftermath of being assaulted by your boss can be overwhelming, but you don’t have to navigate the legal process alone. A personal injury attorney who specializes in workplace assault cases can provide invaluable assistance and support. Here’s how an attorney can help you in this situation:
Legal Expertise and Guidance: An attorney offers expert knowledge of personal injury law and guides you through the legal process, ensuring you understand your rights and options clearly.
Evaluation of Your Case: Your attorney assesses the details of your case, including the severity of the assault and evidence available, to determine if you have a viable claim for compensation.
Explanation of Your Rights: Understanding your rights is crucial; your attorney explains them plainly, so you know what to expect and what you’re entitled to.
Gathering Evidence: Your attorney assists in collecting evidence, like witness statements and medical records, to support your claim and strengthen your case.
Negotiation with Insurance Companies: They handle negotiations with insurance companies to ensure you receive fair compensation for your injuries and damages.
Filing a Lawsuit: If a settlement isn’t reached, your attorney files a lawsuit, managing all legal proceedings, from documentation to representation in court.
Protection Against Retaliation: They provide guidance and take legal action to protect you from any retaliation by your employer for pursuing legal action.
Maximizing Your Compensation: They work diligently to maximize your compensation, considering all forms of damages, including medical expenses, lost wages, and pain and suffering, under the law.
Empower Your Workplace Rights, Take Charge with BLG
Being hit by your boss is a serious violation of your rights as an employee, and you have the right to take legal action against your employer. If you’ve been assaulted at work, it’s essential to take immediate action to protect your rights and seek the compensation you deserve. By consulting with a personal injury attorney and pursuing both legal action and workers’ compensation benefits, you can hold your employer accountable for their actions and get the justice you deserve.
If you’ve been assaulted by your boss and want to pursue legal action, don’t hesitate to reach out to BLG. Our experienced attorneys are here to support you every step of the way. With our expertise in workplace assault cases, we’ll fight to protect your rights and help you seek the compensation you deserve.
Contact us today for a free consultation.
1-800-870-8910