If a coworker assaults you at work, take these steps in order: get yourself to safety and see a doctor, write down everything while it’s fresh, report the attack to your employer in writing, and file a police report. Those four moves protect your health and build the record you’ll need for any path you later choose — workers’ compensation, a civil lawsuit, criminal charges, or all three. Federal law requires your employer to maintain a workplace free from recognized hazards, and an attack by another employee falls within that duty.
Get Safe and See a Doctor
Put distance between yourself and the person who attacked you. Leave the room, move to a populated area, go to a manager’s office, or head to the security desk. If the coworker follows you or the threat continues, call 911. Nothing else matters until you’re physically safe.
Once you’re out of danger, see a doctor even if you feel fine. Adrenaline masks pain, and concussions, soft tissue damage, and stress fractures often don’t announce themselves for hours or days. A medical evaluation creates a time-stamped record linking your injuries to the incident, which becomes foundational evidence for any claim you file later. Ask the provider to note specifically that the injuries resulted from an assault at work.
Workplace violence also leaves psychological damage. Anxiety, trouble sleeping, hypervigilance, and flashbacks are common after an attack and can develop into post-traumatic stress disorder. The EEOC recognizes PTSD as a condition that “should easily qualify” as a disability under the Americans with Disabilities Act, which can entitle you to workplace accommodations later on.1U.S. Equal Employment Opportunity Commission. Depression, PTSD, and Other Mental Health Conditions in the Workplace – Your Legal Rights If you’re struggling in the immediate aftermath, reach out to a therapist, your employer’s Employee Assistance Program, or the 988 Suicide and Crisis Lifeline (call or text 988).
Write Down What Happened
Memory degrades fast. Within hours if you can, write down exactly what happened: the date, time, and specific location within the workplace; what was said and done, in order; the name of the person who attacked you; and the names of anyone who saw it.
Photograph visible injuries the same day and again over the following days as bruises develop. Photograph torn clothing and damaged property too. Save every related digital communication — emails, texts, voicemails, Slack messages, anything. If the coworker previously threatened you or behaved aggressively, pull those records together as well. A documented pattern strengthens both a criminal complaint and any claim against your employer.
Ask witnesses whether they’ll write down what they saw. A witness who writes their own account independently carries more weight than one who agrees with yours later. Don’t pressure anyone, but do ask promptly. People’s willingness and memories both fade.
Report the Assault to Your Employer in Writing
Notify your employer in writing — to Human Resources, a designated safety officer, or your direct supervisor, whichever your company’s policy directs. If the person who attacked you is your supervisor, go to their manager or straight to HR. A written report creates proof your employer knew about the assault and when they learned about it. That timeline matters if the company fails to act.
Once your employer is on notice, they have obligations. The EEOC’s guidance is clear: an employer that knows or should have known about harassment or violence and fails to take “prompt and appropriate corrective action” can be held liable.2U.S. Equal Employment Opportunity Commission. Harassment A responsible employer should separate you from the coworker right away through schedule changes, reassignment, or suspension of the accused; investigate by interviewing you, the coworker, and witnesses; and discipline based on what the investigation finds.
The General Duty Clause of the Occupational Safety and Health Act requires every employer to provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”3Occupational Safety and Health Administration. OSH Act of 1970 – Section 5 – Duties An employer that has experienced workplace violence or received warnings about a dangerous employee is “on notice of the risk” and is expected to implement prevention measures.4Occupational Safety and Health Administration. Workplace Violence – Enforcement If your employer knew the coworker was a threat and did nothing, you can file a separate complaint with OSHA.
File a Police Report
Reporting the assault to law enforcement is separate from reporting it to your employer. Do both. Go to your local police station or call the non-emergency line. Bring your written account, photographs, and witness information. The officer will take your statement and assign a report number. Keep it.
Depending on the severity, criminal charges can range from misdemeanor simple assault for threats or minor physical contact to felony aggravated assault for serious bodily injury or use of a weapon. The prosecutor decides whether to file charges, not you, but your report and documentation give them what they need to evaluate the case. Even if charges aren’t filed right away, the police report creates an official record that supports a civil lawsuit, a protective order petition, or a workers’ compensation claim.
A criminal case and a civil case run independently. Your coworker can be acquitted in criminal court, where guilt must be proven beyond a reasonable doubt, and still lose a civil suit, where the standard is a preponderance of the evidence (more likely than not). The outcome of one doesn’t dictate the other.
Workers’ Compensation
Workers’ comp is often the fastest route to financial relief. The system covers work-related injuries regardless of fault, so you don’t have to prove your employer was negligent or that your coworker intended to hurt you. If you were performing your job duties when the assault happened, the injury generally qualifies. Benefits typically include medical treatment, temporary disability payments for lost wages while you recover, and permanent disability benefits if you suffer lasting impairment.
There are limits. If the assault grew out of a purely personal dispute with no connection to work, some states may deny the claim. If you were the aggressor, expect a denial.
The Exclusive Remedy Trap
Here’s where people get caught. In most states, accepting workers’ comp bars you from suing your employer for the same injury. This is the exclusive remedy rule, and it’s the trade-off for a no-fault benefits system: employers get immunity from workplace injury lawsuits in exchange. You can still sue the coworker personally, but a separate negligence suit against the company is usually off the table once comp applies.
The major exception involves intentional misconduct. If your employer deliberately caused or directed the harm, or if a supervisor was the one who physically attacked you, courts in many states let you step outside workers’ comp and sue. Other exceptions exist where the employer lacked required insurance, fraudulently concealed your injury, or handled the claim in bad faith. The exact lines vary by state, so talk to an attorney before deciding which path to take.
Suing the Coworker — and Sometimes the Employer
A civil lawsuit lets you seek money damages directly from the person who assaulted you. It’s a personal injury claim and exists independently of any criminal case or workers’ comp claim. Recoverable damages include past and future medical expenses, lost wages and reduced earning capacity, and compensation for pain, suffering, and emotional distress. For conduct that was intentional, malicious, or recklessly indifferent to your safety, you may also recover punitive damages, which punish the attacker rather than compensate you.
Suing the employer is harder because of the exclusive remedy rule, but when an exception applies, claims typically rest on negligent hiring or negligent retention. The core question: did the employer know, or should it have known, the coworker was dangerous, and did it fail to act? These claims gain traction when the employer hired someone with a known history of violence, ignored complaints about threatening behavior, or kept the coworker on after a prior incident. Without those red flags, it’s a steep climb.
Every civil claim has a statute of limitations. For personal injury claims based on assault, most states set the deadline between one and three years from the date of the incident. Miss it and your case is dead no matter how strong. Most personal injury attorneys work on contingency — typically 30% to 40% of your recovery — and charge nothing if you lose, which keeps the courthouse door open even when you’re facing medical bills and lost income.
Protective Orders
If you fear ongoing contact or further violence, you can petition a court for a civil protective order (sometimes called a restraining order). The order legally prohibits the coworker from contacting you, coming near you, or both. Violating it is a criminal offense. Most states waive the filing fee for protective orders related to violence, so cost shouldn’t stop you. You don’t need an attorney to file, though having one helps if the coworker contests the order at a hearing.
Crime Victim Compensation
Every state operates a crime victim compensation program funded in part through the federal Victims of Crime Act. These programs reimburse victims directly for crime-related expenses, including medical costs, mental health counseling, and lost wages.5Office for Victims of Crime. Victim Compensation Eligibility and covered expenses vary by state, but most programs require that you reported the crime to police and that you apply within a set deadline. The Office for Victims of Crime maintains a directory at ovc.ojp.gov. This money is separate from anything you receive through workers’ comp or a civil lawsuit.
If Your Employer Punishes You for Reporting
Reporting an assault should not cost you your job, and federal law backs that from two directions. The EEOC prohibits retaliation against anyone who files a complaint, participates in an investigation, or opposes conduct they reasonably believe violates anti-discrimination or anti-harassment laws. Protection for participating in the complaint process is absolute — your complaint doesn’t have to be ultimately proven valid for the protection to apply.6U.S. Equal Employment Opportunity Commission. Retaliation
Retaliation isn’t limited to termination. It covers any employer action that would discourage a reasonable person from coming forward: a sudden negative performance review, a transfer to a worse shift or location, increased scrutiny of your work, or spreading rumors. If any of this happens after you report, document it the same way you documented the assault — in writing, with dates and details.
OSHA’s whistleblower protections cover employees who report workplace safety hazards, including violence. Section 11(c) of the OSH Act prohibits retaliation against workers who complain about unsafe conditions.7Occupational Safety and Health Administration. OSHA Online Whistleblower Complaint Form If your employer retaliates after you file an OSHA complaint, you can file a whistleblower complaint with OSHA, but the deadline is just 30 days from the retaliatory action. Don’t sit on it.
Taking Time Off to Recover
Recovery takes time, both physical and mental. Federal law provides two main frameworks for protected leave, with a third sometimes available at the state level.
FMLA Leave
The Family and Medical Leave Act entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for a serious health condition. You qualify if your employer has 50 or more employees within 75 miles of your worksite, you’ve worked there at least 12 months, and you’ve logged at least 1,250 hours in the past year.8U.S. Department of Labor. Family and Medical Leave Act A “serious health condition” includes any injury requiring inpatient care or any condition that incapacitates you for more than three consecutive days and involves continuing treatment by a health care provider.9eCFR. 29 CFR 825.113 – Serious Health Condition Physical injuries from an assault and PTSD requiring ongoing therapy both meet that definition. The leave is unpaid, but your employer must hold your position (or an equivalent one) and maintain your health insurance during the leave.
ADA Accommodations
If you develop PTSD or another lasting mental health condition from the assault, the Americans with Disabilities Act may require your employer to provide reasonable accommodations so you can continue doing your job. The EEOC lists examples including altered work schedules, permission to work from home, a quieter workspace, written instructions instead of verbal ones, and flexibility to attend therapy appointments during work hours.1U.S. Equal Employment Opportunity Commission. Depression, PTSD, and Other Mental Health Conditions in the Workplace – Your Legal Rights Your employer can ask for medical documentation but cannot refuse an accommodation unless it would cause significant difficulty or expense. ADA protections apply to employers with 15 or more employees. If you exhaust FMLA leave and still need time to recover, additional unpaid leave may itself qualify as a reasonable accommodation, provided it has a foreseeable end tied to your treatment plan. Indefinite leave does not qualify.
State Crime Victim Leave
No comprehensive federal law requires employers to grant leave specifically for crime victims to attend court hearings or related legal proceedings. Many states have their own crime victim leave laws that require time off for court appearances, meetings with prosecutors, and similar activities. Check your state’s labor department website or ask an attorney what applies where you live.