When a worker at a business assaults someone and causes injury, questions often arise about whether the employer can be held liable. If you’ve been in this unfortunate situation and are wondering, “Can you sue a company if their employee assaults you?” the answer is that you may be able to in some circumstances.
Courts may consider vicarious liability, which can make employers responsible for certain employee actions,[1] or claims based on the company’s own negligence, such as negligent hiring or supervision.[2] The rules vary by state, so please note that this article provides general information and not legal advice.
Even if you have grounds to pursue a lawsuit, it can take weeks, months, or even years to see any sort of compensation for your injuries. Meanwhile, life and all its usual expenses carry on.
That’s where consumer litigation funding, also called pre-settlement funding or lawsuit loans, can help. Consumer litigation funding is designed to help plaintiffs make financial ends meet for their personal expenses while they wait for their employer assault case to resolve.
If you and your lawyer are actively pursuing an employer assault lawsuit, and you need financial support, submit a request for pre-settlement funding to see if you qualify.
Key Takeaways
- A company may be held responsible for an employee’s assault through vicarious liability[1] or through its own negligence.[2]
- Courts may consider whether the employee acted within the scope of employment,[3] whether the company knew about a risk of violence, and where and why the assault happened.[4]
- Evidence such as surveillance footage, incident reports, witness accounts, company records, prior complaints, and medical documentation may help establish what happened and whether the company bears responsibility.[5]
- If a coworker assaults you at work, workers’ compensation may serve as your primary remedy,[6] although some states allow civil lawsuits when certain exceptions apply.
- If an employee assault claim leaves you struggling with medical bills, lost income, or everyday expenses, pre-settlement funding may provide cash while your attorney pursues compensation.
Can a Company Be Held Responsible for an Employee's Assault?
Companies can sometimes be held responsible if an employee assaults you. However, the company’s liability isn’t automatic. Courts generally look at the circumstances surrounding the assault and whether there’s a legal basis for holding the employer responsible.
In general, a claim against a company may follow one of two legal paths:
- Vicarious liability: Under a doctrine called respondeat superior, an employer may be responsible for an employee’s wrongful actions when the employee acts within the scope of their employment. States use different standards to decide whether conduct falls within that scope.[1] This type of liability also often applies if you’re hit by a company vehicle.
- Negligence: A claim may focus on the company’s own conduct, such as allegations that it acted negligently when hiring, retaining, or supervising the employee. The requirements for these claims vary by state.[2]
The courts may look at what the employee was doing when the assault happened, why the interaction occurred, and whether the company’s own actions contributed to what happened. These details can affect whether you have a claim against the business as well as the individual employee.
Please note: Because every case is different and state laws vary, this general information can’t tell you whether you can sue a company if their employee attacks you. A licensed attorney will need to review what happened to explain which state laws and legal theories may apply to your case.
Legal Theories Courts Use to Evaluate Employee Assault Cases
When an employee assaults you, courts can use several legal theories to decide whether the business may also bear responsibility, and the rules can differ from state to state.
Vicarious Liability (Respondeat Superior)
One way a company may face liability is through a legal doctrine called respondeat superior.[3] Under this doctrine, courts may hold that an employer has vicarious liability[1] for an employee’s wrongful conduct when that conduct occurs within the scope of employment. While there’s no single nationwide standard for deciding when this rule applies, there are two common tests:[3]
- Benefits test: An employer may be held responsible when it allows an employee’s after-hours social or recreational activity, and the activity provides some benefit to the employer. For example, an employer encourages after-work happy hours at the office to improve team bonding. If an employee harms someone during one of these gatherings, the employer could potentially be held responsible.
- Characteristics test: An employer may be held responsible when an employee’s conduct is common or expected enough that it can be considered characteristic of the job. For example, a bouncer injures a customer while removing them from a nightclub. Because physically dealing with disruptive customers is a normal part of a bouncer’s job, the nightclub could potentially be held responsible.
This question can become more complicated when an employee intentionally assaults someone. An attorney can explain how your state approaches vicarious liability and whether it could apply to your situation.
Negligent Hiring, Retention, or Supervision
If you’re a customer who was assaulted by an employee, a lawsuit based on negligence may be an option.
Negligence generally involves a legal duty to act with reasonable care, which means the level of caution and attentiveness that an ordinary, prudent person would use in the same or similar circumstances. If the company’s failure to meet that standard results in harm to you, they could be held liable.[2]
In an employee assault case, courts may evaluate claims such as negligent hiring, retention, or supervision. In deciding these claims, courts may consider whether the employer knew or should have known about a potential risk of harm and whether it failed to take reasonable steps in response,[5] for example, if the employer:
- Failed to conduct reasonable background checks or ignored information uncovered during the hiring process
- Was aware of prior complaints, threats, or aggressive incidents involving the employee but did not take corrective action
- Failed to properly train, supervise, or monitor the employee in a role involving contact with customers or the public
- Retained the employee after learning of concerning behavior that made future harm foreseeable
Negligence focuses on alleged carelessness by the company rather than simply making the company responsible for everything its employee did, so it doesn’t apply to every case. A licensed attorney can determine which standards apply where your injury occurred.
Factors Courts May Consider in Employee Assault Cases
Whether you can sue a company if their employee assaults you depends on the facts, the legal theory behind your claim, and the law in your state. For example, these factors can affect whether a claim may be viable:
- Whether the employee was on duty: Being on the clock can help establish a connection between the employee and the employer. Courts may also look at whether the employee was acting within the scope of employment.[8]
- What the company knew: For negligence-based claims, facts showing that a company knew or should have known that an employee posed a danger may affect whether the company could face liability for its own actions.[4]
- The statute of limitations: A statute of limitations sets the amount of time you have to bring a legal claim.[9] The deadline varies based on the type of claim and jurisdiction, and waiting too long could prevent you from pursuing an otherwise valid claim.
Because states apply different rules to these issues, an attorney can review the circumstances and explain which factors may affect your claim.
Evidence Courts Commonly Consider
If you file an assault lawsuit, evidence can establish the strength of your claim and, ultimately, whether you’re able to recover compensation. Examples of evidence that may be used in an employer assault case include:[5]
- Incident and police reports: Reports can document when and where the assault occurred and who was involved. Your attorney may also look for previously reported crimes on or near the premises.
- Video and photographs: Security footage, cellphone videos, and photographs may support your claim(s) against the employer.
- Company records: Work schedules, personnel records, prior complaints, disciplinary records, training materials, and company policies may provide information about what the company knew before the assault.
- Medical and financial documentation: Financial records like medical bills and paystubs may help document the injuries and financial losses.
Not every piece of evidence will apply to every lawsuit, and courts have different rules about what evidence they can consider. An attorney can review your situation and advise you about which evidence may be relevant to your specific claim.
What If You Were Assaulted by a Coworker?
If a coworker assaults you while you’re working, your injuries are usually covered by workers’ compensation. These laws offer fixed benefits for injured workers, but they often have limits on the amount you can recover and eliminate the liability of coworkers in most accidents.[10] However, there may be exceptions.
Court Fee Waivers (In Forma Pauperis)
Workers’ compensation is a no-fault system that can cover medical care and replace part of the wages you lose while a work-related injury keeps you from working. In general, you don’t need to prove that your employer caused your injury through negligence to receive benefits.[10]
In exchange for this no-fault coverage, workers’ compensation generally serves as your exclusive remedy for a covered workplace injury. In other words, you typically pursue workers’ compensation benefits instead of suing your employer in civil court.[6]
For example, suppose you and a coworker get into a work-related dispute and your coworker pushes you down, causing an injury. If your state’s workers’ compensation law covers the incident, you may need to pursue benefits through that system rather than filing a personal injury lawsuit against your employer.
This distinction affects the types of compensation you may receive. Workers’ compensation generally provides defined medical and cash benefits, but it doesn’t compensate you for pain and suffering or allow you to seek punitive damages like a workplace negligence lawsuit might. A personal injury attorney should be able to explain both workers’ compensation and civil lawsuit laws in your area.
When a Lawsuit May Still Be Possible
Some states carve out exceptions to the workers’ compensation exclusive remedy rule. For example, Arizona allows a lawsuit when the assault was a willful, intentional act rather than an ordinary workplace risk.[11] In California, California Labor Code § 3601 states an employer cannot simply be held liable for the damages attributable to a coworker’s “willful and unprovoked physical act of aggression.”[12] However, the California courts have made an exception if an employer “condoned and ratified” the employee’s conduct.[13]
Some states allow no exceptions, even for intentional acts. For example, Rhode Island has repeatedly held that “there is no intentional tort exception” to the exclusive remedy rule in the state.[14]
Another question is whether the assault qualifies as a covered employment-related injury in the first place. Most states require that the assault “arose out of and in the course of employment” in order for workers’ compensation laws to apply. This rule isn’t always as straightforward as it sounds.
For example, California has found that “if the assault at work is purely personal and unrelated to the employment, the injury is not compensable” under workers’ comp, even if it happened in the workplace.[15] When workers’ compensation doesn’t apply, the law returns to standard liability law.
How Pre-Settlement Funding Can Help While an Employee Assault Case Is Pending
Once you and your lawyer have determined that you can sue a company for employee assault, the process of recovering compensation has only just begun. You’ll still need to go through the whole process of fighting your case, which could take a long time to resolve.
If you’re worried about making ends meet while your case progresses, pre-settlement funding may help. Pre-settlement funding is a nonrecourse cash advance taken out against the potential future proceeds of your case. That means you only repay the funder if you recover compensation in your case, and approval is based on case strength, not credit score.
Here’s how the pre-settlement funding process works with USClaims:
- Talk with your attorney: Discuss whether pre-settlement funding makes sense for your financial situation and case.
- Submit a request for funding: Submit a request to USClaims online or by phone. You don’t need to go through a credit check.
- Let us review your claim: USClaims works directly with your attorney to gather information about your case.
- Receive your funds: If approved, you could receive funding in as little as 24 business hours.*
- Cover your personal expenses: You can use the money for personal needs such as rent, groceries, utilities, and medical bills.
- Repay only if you win: If you recover compensation, your attorney handles repayment in one lump sum from your case proceeds. If you lose, you don’t repay the advance.
Benefits of Getting Pre-Settlement Funding from USClaims
Here are some of the biggest benefits of getting pre-settlement funding from USClaims while your attorney fights your employee assault case:
Protect Your Credit Score
Don’t Repay if You Lose Your Case
Unlike a traditional loan, pre-settlement funding is nonrecourse. You repay USClaims only if you receive compensation from your case. If you lose and receive nothing, you don’t repay the advance, interest, or fees. USClaims also doesn’t require a credit check, so requesting funding doesn’t affect your credit score.
You're Protected with Our 2X Cap**
Pre-settlement funding can be especially helpful in cases that take time to resolve. At USClaims, the 2X repayment cap provides added predictability by ensuring that, no matter how long your employee assault case lasts, the total repayment will never exceed twice the amount you originally received. Not all funding providers offer this type of protection.
No Monthly Payments or Upfront Fees
You don’t make monthly payments on pre-settlement funding. Instead, if your case results in compensation, your attorney handles repayment in one lump sum from the proceeds at the end of your case.
Use the Funds on Whatever You Need
Some traditional loans limit how you can spend borrowed money, but pre-settlement funding gives you more flexibility. You can use your advance for personal expenses such as groceries, housing, transportation, medical bills, insurance, and other everyday needs while your employee assault case moves forward. You don’t need to submit receipts showing how you spent it.
See How Pre-Settlement Funding Has Helped People Like You
with USC in the past. USC does not control the content of such reviews.
You Don’t Have to Face This Alone
Being assaulted by an employee can leave you with more than physical injuries. You may face medical bills, missed paychecks, and emotional distress. Dealing with the fallout may have you wondering whether you can sue an employer for assault to recoup some of the damages you have suffered.
Depending on the facts and your state’s laws, your attorney may consider legal principles such as vicarious liability or negligent hiring or supervision to determine how to move forward with your case.
While your attorney handles the legal process, USClaims can help with the financial pressure. We have more than 30 years of experience helping plaintiffs and have provided over $1 billion in funding in the last 10 years. If your claim qualifies, pre-settlement funding can give you access to money for bills that just can’t wait while your lawyer fights for justice.
Submit a request online or call 1-877-USCLAIMS today to learn whether your case may qualify for pre-settlement funding.
Frequently Asked Questions
Can you sue a company for an employee harassing you?
Yes, you may be able to sue a company for an employee harassing you. If you’re a customer, a claim may involve allegations that the company negligently hired, retained, trained, or supervised an employee who posed a foreseeable risk to customers.[4] If you’re another employee, workplace harassment falls under federal and state employment discrimination laws.[16] In both cases, you should ask an attorney in your area whether you might have claim.
What legal theory allows someone to sue a company for an employee's assault?
One possible theory is respondeat superior, also called vicarious liability.[3] Under this doctrine, courts may hold an employer responsible for an employee’s wrongful actions if they occurred within the scope of employment.
When might an employer be held responsible for an employee's assault?
An employer may potentially face vicarious liability if the employee acted within the scope of employment.[3] A company could also face a separate negligence claim based on its own conduct, such as allegations that it carelessly hired, retained, or supervised an employee who posed a foreseeable risk.[4] The requirements for both theories vary by state.
Does it matter if the assault happened off duty or off site?
Yes, it can. The law of respondeat superior generally focuses on whether an employee acted within the scope of employment,[3] so courts may consider how closely the conduct related to the employee’s work. An off-duty or off-site assault may have a weaker connection to employment, but that doesn’t automatically prevent employer liability. You should speak with an attorney about your state’s laws.
What types of evidence do courts commonly consider in these cases?
The relevant evidence depends on the legal theory and facts involved. Evidence may include incident or police reports, surveillance footage, witness testimony, work schedules, company policies, prior complaints, medical records, and documentation of financial losses.[5] An attorney can review your situation and explain which evidence may be relevant to proving your specific claim.
How long do I have to file a civil claim after an assault by an employee?
Generally, the deadline depends on your state’s statute of limitations. A statute of limitations sets the period in which you can start a legal action, and missing the applicable deadline can prevent a court from hearing your claim.[9] Check your state legislature or court website, or ask a licensed attorney, to confirm the deadline that applies to you.
Sources
- [1] Cornell Law School, Legal Information Institute, “Vicarious liability,” https://www.law.cornell.edu/wex/vicarious_liability
- [2] Cornell Law School, Legal Information Institute, “Negligent tort,” https://www.law.cornell.edu/wex/negligent_tort
- [3] Cornell Law School, Legal Information Institute, “Respondeat superior,” https://www.law.cornell.edu/wex/respondeat_superior
- [4] Cornell Law School, Legal Information Institute, “Foreseeability,” https://www.law.cornell.edu/wex/foreseeability
- [5] Nadine Ninva Khedry, Plaintiff Magazine, “Premises-liability cases involving third-party criminal conduct,” https://plaintiffmagazine.com/recent-issues/item/premises-liability-cases-involving-third-party-criminal-conduct
- [6] U.S. Congress, “Workers’ Compensation: Overview and Issues,” https://www.congress.gov/crs-product/R44580#_Toc32940394
- [7] Cornell Law School, Legal Information Institute, “Strict liability,” https://www.law.cornell.edu/wex/strict_liability
- [8] Cornell Law School, Legal Information Institute, “Scope of employment,” https://www.law.cornell.edu/wex/scope_of_employment
- [9] Cornell Law School, Legal Information Institute, “Statute of limitations,” https://www.law.cornell.edu/wex/statute_of_limitations
- [10] Cornell Law School, Legal Information Institute, “Workers’ compensation,” https://www.law.cornell.edu/wex/workers_compensation
- [11] Arizona Legislature, “Compensation as exclusive remedy for employees,” https://www.azleg.gov/ars/23/01022.htm
- [12] California Legislature, “Labor Code, Division 4. Workers’ Compensation and Insurance,” https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3601.&nodeTreePath=5.1.3&lawCode=LAB
- [13] Justia U.S. Law, “Lopes v. GTE Products Corp.,” https://law.justia.com/cases/rhode-island/supreme-court/1989/560-a-2d-949.html
- [14] Justia U.S. Law, “Cianci v. Nationwide Ins. Co.,” https://law.justia.com/cases/rhode-island/supreme-court/1995/659-a-2d-662.html
- [15] Justia U.S. Law, “Rogers v. Workers’ Comp. Appeals Bd.,” https://law.justia.com/cases/california/court-of-appeal/3d/172/1195.html
- [16] U.S. Equal Employment Opportunity Commission, “Harassment,” https://www.eeoc.gov/harassment
*Funding subject to approval. We typically fund within 24 business-day hours after we receive a fully-executed contract. Additional restrictions may apply. Contact for details.
**2X CAP may not be applicable for all types of cases and/or jurisdictions.
Disclaimer:
Throughout this website, the term “loan” may be used for convenience to describe pre-settlement funding. However, such transactions are not loans in the legal sense. Repayment is strictly contingent upon the successful resolution of your case. If your case is unsuccessful, no repayment is required. Common terms like “lawsuit loan” are used colloquially but misrepresent the non-recourse nature of pre-settlement funding.
