assault in the work place by a department head
What legally can be done when an employee is physically assaulted by a department head in the work place?
The employee is suffering from depression and anger and it will not shake off.
Answers (1)
Assault can result in both civil and criminal liability
A physical assault is both a crime and a basis for a claim of damages against the wrongdoer. The term "assault" is often misused and misunderstood. The common law definition of assault as a basis for civil damages is "words or action that puts another in reasonable fear of an imminent battery." Battery, the counterpart of assault, is "an unwelcome physical touching by another that causes injury." The criminal code in Arizona merges these two concepts into one, defining assault as intentionally causing physical injury, putting a person in fear of imminent injury or touching with the intent to injure. The key to any claim is not the touching or the fear, however, but the injury that results. Without injury, it generally makes no sense to pursue a legal claim.
When the injury resulting from the incident is not physical but emotional, making the connection between assault and injury is sometimes difficult, and may require expert testimony. Likewise, the extent of the injury may be hard to prove when objective physical evidence is not available. Depression and anger aren't shown on x-rays, and separating emotional problems resulting from a single episode from the results of all of life's other stresses and heartaches cannot be done with precision.
Physical injuries caused by coworkers are generally compensable only as worker compensation claims, and to avoid this limitation, it is necessary to prove that not only was the coworker's action intentional, but that the coworker intended the injury that resulted. Non-physical injuries, such as depression, are generally not covered by worker compensation, but a lawsuit against the perpetrator still requires proof of an intentional assault or battery with the resulting injury being foreseeable. A push or shove in the heat of an argument may constitute a battery, but a long term psychological injury may not be a foreseeable result.
The employer's liability in such a situation is a complicated subject that requires an assessment of whether the perpetrator's action was within the course and scope of his or her employment, or whether it was explicitly or implicitly authorized or condoned.
Sexual harassment is governed by a highly developed body of case law and regulations because it is a form of unlawful sex discrimination. The same is true of racial or religious harassment, or harassment on account of certain disabilities. Physical harassment does not necessarily constitute unlawful discrimination, and so the law that governs the employer's responsibility toward the victim is not always the same.
Finally, either you or your employer can apply to a court for an injunction against harassment if there is reason to fear that a threat of future physical harm exists.
I suggest that you seek immediate attention from a mental health specialist for the depression and anger, and that you consult with an attorney about the appropriate legal steps to take. In discussing the case with the attorney, ask about the appropriateness of using a "notice of constructive discharge." This is a statutory device that forces your employer to attend to the problem and respond to your concerns.
posted by Francis Fanning | Jan 6, 2005 6:29 PM [EST]
A physical assault is both a crime and a basis for a claim of damages against the wrongdoer. The term "assault" is often misused and misunderstood. The common law definition of assault as a basis for civil damages is "words or action that puts another in reasonable fear of an imminent battery." Battery, the counterpart of assault, is "an unwelcome physical touching by another that causes injury." The criminal code in Arizona merges these two concepts into one, defining assault as intentionally causing physical injury, putting a person in fear of imminent injury or touching with the intent to injure. The key to any claim is not the touching or the fear, however, but the injury that results. Without injury, it generally makes no sense to pursue a legal claim.
When the injury resulting from the incident is not physical but emotional, making the connection between assault and injury is sometimes difficult, and may require expert testimony. Likewise, the extent of the injury may be hard to prove when objective physical evidence is not available. Depression and anger aren't shown on x-rays, and separating emotional problems resulting from a single episode from the results of all of life's other stresses and heartaches cannot be done with precision.
Physical injuries caused by coworkers are generally compensable only as worker compensation claims, and to avoid this limitation, it is necessary to prove that not only was the coworker's action intentional, but that the coworker intended the injury that resulted. Non-physical injuries, such as depression, are generally not covered by worker compensation, but a lawsuit against the perpetrator still requires proof of an intentional assault or battery with the resulting injury being foreseeable. A push or shove in the heat of an argument may constitute a battery, but a long term psychological injury may not be a foreseeable result.
The employer's liability in such a situation is a complicated subject that requires an assessment of whether the perpetrator's action was within the course and scope of his or her employment, or whether it was explicitly or implicitly authorized or condoned.
Sexual harassment is governed by a highly developed body of case law and regulations because it is a form of unlawful sex discrimination. The same is true of racial or religious harassment, or harassment on account of certain disabilities. Physical harassment does not necessarily constitute unlawful discrimination, and so the law that governs the employer's responsibility toward the victim is not always the same.
Finally, either you or your employer can apply to a court for an injunction against harassment if there is reason to fear that a threat of future physical harm exists.
I suggest that you seek immediate attention from a mental health specialist for the depression and anger, and that you consult with an attorney about the appropriate legal steps to take. In discussing the case with the attorney, ask about the appropriateness of using a "notice of constructive discharge." This is a statutory device that forces your employer to attend to the problem and respond to your concerns.
posted by Francis Fanning | Jan 6, 2005 6:29 PM [EST]
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