Workplace Assault Lawyer NYC
The workplace should be a safe and respectful environment. Unfortunately, assault can happen anywhere, even at work, leaving victims with physical injuries, emotional trauma, and financial burdens. If you've been assaulted at work in New York City, it's crucial to have an experienced legal advocate on your side.
At Veridian Legal, our NYC workplace assault lawyers are dedicated to helping victims of workplace violence. We understand the complex legal issues involved in these cases and are committed to providing compassionate and aggressive legal representation to get you the justice and compensation you deserve.
Workplace Assault in New York: Understanding the Scope of the Problem
Workplace assault is a serious issue in New York City, affecting individuals across various industries and professions.
According to the Bureau of Labor Statistics (BLS), in 2022, there were 138,900 nonfatal workplace violence injuries and illnesses involving days away from work in New York State.
These incidents not only cause physical and emotional harm to victims but also lead to lost productivity, increased healthcare costs, and decreased morale in the workplace. It's crucial to address workplace violence proactively and ensure that victims have access to legal recourse and support.
What is Workplace Assault in New York?
Workplace assault is any act of violence or aggression that occurs in the workplace. In New York, it can include:
Physical assault: Hitting, kicking, punching, shoving, or any other physical attack. This can result in charges of assault and battery under New York law.
Sexual assault: Unwanted sexual contact, ranging from unwanted touching to rape. This can result in charges of sexual abuse, rape, or other sex crimes under New York law.
Threats of violence: Verbal or written threats that create a hostile work environment. These can be considered a form of harassment or assault under New York law, especially if they create a reasonable fear of harm.
Harassment: Unwelcome conduct based on race, religion, gender, sexual orientation, or other protected characteristics. New York law prohibits workplace harassment, and employers can be held liable for failing to prevent or address it.
Who Can Be Held Liable for Workplace Assault in NYC?
Several parties may be held liable for workplace assault in New York City, depending on the circumstances:
The assailant: The person who committed the assault is always the primary responsible party and can face criminal charges and be sued in civil court for damages.
The employer: Employers have a legal duty to provide a safe work environment for their employees. If they fail to do so and an employee is assaulted, they may be held liable for negligence. This can include situations where the employer knew or should have known about the potential for violence but failed to take reasonable steps to prevent it.
Third parties: In some cases, third parties, such as customers, clients, or vendors, may be held liable for assault if it occurs on the employer's premises. Property owners may also be held liable if a dangerous condition on their property contributed to the assault.
What to Do if You've Been Assaulted at Work in NYC
If you've been the victim of workplace assault, it's important to take the following steps:
Seek medical attention: Your health and safety are the top priorities.
Report the assault: Report the assault to your supervisor, human resources department, and the police.
Preserve evidence: If possible, take photos of your injuries and any other evidence related to the assault.
Contact a workplace assault lawyer: An experienced lawyer can help you understand your rights and options.
Do You Need to File a Police Report If You Were Assaulted at Work?
Yes, it is strongly recommended that you file a police report if you have been assaulted at work. A police report creates an official record of the assault and can be crucial evidence in any legal action you may take.
Statute of Limitations for Workplace Assault Cases in New York
In New York, the statute of limitations for filing a lawsuit for workplace assault depends on the type of claim:
Negligence: If you are suing your employer for negligence, you generally have three years from the date of the assault to file a lawsuit.
Intentional tort: If you are suing the assailant for an intentional tort, such as assault or battery, you generally have one year from the date of the assault to file a lawsuit.
Workers' Compensation: If you are filing a workers' compensation claim, you generally have two years from the date of the injury to file a claim.
It's crucial to contact an experienced workplace assault lawyer as soon as possible to ensure you don't miss any important deadlines.
How Our NYC Workplace Assault Lawyers Can Help
Our experienced workplace assault lawyers can help you in several ways:
Investigate the assault: We will conduct a thorough investigation to gather evidence and build a strong case on your behalf.
Negotiate with insurance companies: We will handle all communication and negotiations with insurance companies.
Represent you in criminal court: If the assailant is charged with a crime, we can represent you in criminal court.
File a civil lawsuit: We can help you file a civil lawsuit against the assailant, employer, or other responsible parties.
Help you navigate workers' compensation claims: If your injuries prevent you from working, we can help you file a workers' compensation claim.
Seeking Justice and Compensation for Workplace Assault Victims
Being the victim of workplace assault can have devastating consequences. Our goal is to help you seek justice and get the compensation you deserve.
What Type of Damages Can You Recover If You Are Assaulted at Work?
If you've been the victim of workplace assault, you may be entitled to recover compensation for:
Medical expenses: This includes past and future medical costs.
Lost wages: If you were unable to work due to your injuries, you can recover lost wages and potential future lost earnings.
Pain and suffering: This compensates you for the physical pain and emotional distress caused by the assault.
Emotional distress: This includes compensation for anxiety, depression, PTSD, and other psychological effects of the assault.
Loss of enjoyment of life: If your injuries prevent you from enjoying activities you previously enjoyed, you may be able to recover damages for this loss.
Punitive damages: In some cases, you may be able to recover punitive damages, which are intended to punish the assailant for their conduct.
In addition to these damages, you may also be eligible for workers' compensation benefits.
Frequently Asked Questions (FAQs)
What should I do if I am assaulted at work?
Seek immediate medical attention, report the assault to your supervisor and the police, and contact an experienced workplace assault lawyer.
Can I sue my employer for workplace assault?
Yes, you may be able to sue your employer if they failed to provide a safe work environment and this negligence contributed to your assault.
What damages can I recover in a workplace assault lawsuit?
You may be able to recover damages for medical expenses, lost wages, pain and suffering, and emotional distress.
What are some common signs of a hostile work environment?
A hostile work environment can be created by various behaviors, including:
Verbal or physical abuse
Threats or intimidation
Unwanted sexual advances
Offensive jokes or comments
Discriminatory practices
What should I do if I witness workplace assault?
If you witness workplace assault, it's important to:
Ensure your own safety first.
Report the incident to your supervisor or human resources department.
If the situation is dangerous, call 911.
Provide support to the victim if possible.
Why Choose Veridian Legal as Your Workplace Assault Lawyer?
If you've been assaulted in the workplace, here's why you should choose Veridian Legal:
Experience: We have extensive experience representing victims of workplace assault in NYC.
Compassion: We understand the trauma and challenges faced by assault victims, and we provide compassionate and supportive legal representation.
Aggressiveness: We are aggressive advocates for our clients, fighting tirelessly to get them the justice and compensation they deserve.
Resources: We have the resources and expertise to investigate your case thoroughly and build a strong case on your behalf.
Contact Our NYC Workplace Assault Lawyers Today
If you've been the victim of an assault in the workplace, don't hesitate to contact us. We're here to help you through this difficult time and fight for your rights.
Call us at (212) 706-1007 or fill out our online contact form to schedule a free consultation.