Can I Sue My Employer For Being Assaulted At Work?
Workplace assaults can turn your world upside down, leaving you wondering if you can ever feel safe again. You have suffered a betrayal, not just by the criminal who attacked you, but also by your employer who failed to protect you at work. The good news is that you may have a case against your employer to compensate you for the damages you suffered.
At Bellwoar Kelly, LLP, we care about the rights of crime victims. Our attorneys have over 50 years of combined legal experience. We are skilled negotiators and trial attorneys with a reputation for success. We help clients throughout southeastern Pennsylvania with different types of civil litigation matters, including pursuing damages for crime victims.
Elements Of A Successful Civil Case
Employers have a basic duty to keep the workplace safe for their employees under the Occupational Safety and Health Administration (OSHA) guidelines. In order to prove that your employer was negligent in some way, you must show that they failed in this duty through negligence and that this failure resulted in your injuries. The employer must know or have reason to know of the danger. Two main types of negligence come into play in workplace violence cases:
- Negligent security – If your employer failed to provide proper security for your office building, you may base your claim on negligent security. For example, improper lighting, lack of locks on the doors and lack of security cameras could show inadequate security. If another company owns the building you work in, however, you may have a claim against the property owner rather than your employer.
- Negligent hiring – An employer has a certain duty to know who they are hiring. If your employer failed to conduct a basic background check that would have shown some indication that the person had a history of violence, you could argue negligent hiring.
Our experienced trial lawyers will work hard to build your case based on their own investigation. We know what it takes to present a case and win. If we cannot reach a fair settlement agreement, we are prepared to take every case to trial. OSHA may also decide to bring actions against your employer.
Of course, in some situations, the only person to blame is the criminal. We will always give you an honest assessment of your case and advise you on the best course of action. If you decide to pursue a civil case against the person who attacked you, we will fight for the compensation you deserve.
Free Consultations Available
We can help you explore your options and decide how to best proceed in your case. Contact us online today or call us at 610-314-7066. We have offices in three convenient locations – West Chester, Pottstown and Kennett Square.