Q: In Colorado if your boss physically attacks you while you are at work can you sue the company?
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.
Tim Akpinar , Nelson Patrick Boyle and Mark P. Miller agree with this answer
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.