Denver, CO asked in Personal Injury for Colorado

Q: In Colorado if your boss physically attacks you while you are at work can you sue the company?

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3 Lawyer Answers
Brian Michael Bradford
Brian Michael Bradford
PREMIUM
Answered
  • Lafayette, CO
  • Licensed in Colorado

A: Generally speaking, a victim of a physical assault in the workplace will have a civil claim against the person doing the assault. The circumstances of the assault will need to be examined to determine the viability of the claim and whether a claim lies against the company as well. As with any claim, the facts and circumstances of what happened must be fully explored to fully understand your legal options. We would be happy to speak with you to learn more about what happened and what your rights are.

Mark P. Miller , Nelson Patrick Boyle and Tim Akpinar agree with this answer

Nelson Patrick Boyle
Nelson Patrick Boyle
Answered
  • Englewood, CO
  • Licensed in Colorado

A: It depends. Before I answer that, there are some things you should do.

If you are physically attacked: First, get to a safe place. Second, call the police don't resort to "self-help" by escalating the situation or retaliating. Third, if your "boss" is not your HR manager, or if your boss has a boss, you should report the attack to the appropriate people in your company. For instance, you might report it to your boss's boss or an HR person.

As for a lawsuit, I suggest you contact a competent employment law lawyer in your area. There are employment law issues intertwined with the question of whether you can sue. You want to make sure you're protecting all of your interests. While, generally, you can sue any person who attacks you, an employment law lawyer would be able to assist you with protecting all of your interests.

I'm sorry you're going through this and I hope the answer helps. Stay well.

Mark P. Miller and Tim Akpinar agree with this answer

Mark P. Miller
Mark P. Miller
Answered
  • Denver, CO
  • Licensed in Colorado

A: I agree totally with both of the earlier responses. Additionally, you should make some notes, as soon as possible, regarding the facts that lead up to and regarding the attack itself, i.e. words exchanged, body language, tone of voices, etc.. Memories, unfortunately fade over time for everyone. The notes can be bullet points, but with enough description to help jar your memory of what happened and the circumstances surrounding the event(s). This will also help you when you are talking to the police and/or to an employment attorney regarding the circumstances. Additionally, you should include the names or descriptions of any witnesses who observed the attack. If you have any injuries, including any bruising or marks on your body from the attack you should have someone else take photographs of your injuries.

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