What Are Your Legal Options If A Customer Attacks You On The Job

It is more important than ever to know what to do if someone assaults you at work. 

Have you heard the incident where a 21-year-old Amazon employee in Rossford, Ohio, was beaten up violently by a group of people in his workplace parking lot?

The group punched and kicked the Amazon employee, broke his jaw, and took out his eye socket. Meanwhile, the security personnel did not intervene, and he witnessed the entire incident. 

You can see the entire incident captured on video. Also, the incident is a strict reminder of the vulnerability of public-facing employees of any organization. 

Often, the organization or the system fails to protect them. Moreover, in many scenarios, the organizations are unaware of the employer’s responsibilities. 

So, if you are also working in a public-facing position, you need to know your legal rights if someone assaults you at work. 

Is The Employer Responsible For Protection If Someone Assaults You At Work?

Yes, it is your employer’s responsibility to protect you if someone assaults you at work. 

Furthermore, it is a legal and ethical obligation of the employer to protect the employees from harm. This principle is known as the “Duty of Care.” 

Also, the “Duty of Care” is not just about cleaning a wet floor or fixing a broken stair. It also includes ensuring the protection of workers from foreseeable violence. 

This violence, along with what happens inside the organization, also includes attacks by third parties such as customers, clients, or other members of the public. 

So, when an employer fails to offer protection against assault at workplace, they are liable for any injury that occurs. 

However, both the employer and employee must have a clear understanding of what premises liability is and what foreseeable risks can be. 

Defining Premises Liability And Foreseeable Risk

A property owner or an employer has the legal obligation to keep the grounds and premises safe for all visitors. 

Now, within this principle of premises liability comes the important concept of “foreseeability.” 

Nobody is asking an employer or a property owner to be a mind reader. However, sometimes they are aware of the risk of an assault and yet do not take protective measures.

In such cases, the property owner or the employer will have the premises liability. 

For example, a business may be in a high-crime area, and the owner does not hire adequate guards or get security cameras installed. 

Then, despite an act of crime being foreseeable, the employer failed in their duty of care. 

Similarly, if you are aware of a customer threatening an employee and take no measures, it is a neglect of a foreseeable risk. 

When Does An Employer’s ‘Duty of Care’ Cover Third-Party Attacks?

Yes, an employer cannot prevent or offer protection from any random act of violence. 

However, they must take reasonable steps to combat foreseeable dangers from non-employees. 

The complexity of this duty is highlighted in cases like one involving staffing agencies sued over a patient-on-patient attack, where determining liability for third-party actions became a central legal question. 

Furthermore, courts often adjudicate or assess public attacks differently from coworker altercations. 

So, even if a coworker dispute can sometimes get dismissed as unexpected horseplay, the court will be very strict in scrutinizing the employer in cases of third-party attacks. 

However, irrespective of the case of a coworker assault or an assault from a third party, the victim has the legal right to navigate the retaliation. You can seek confidential support from HarassmentHelp.org or any such reputable service. 

What Are The Common Examples Of Employer Negligence?

Employer negligence can happen in many ways. As I have mentioned, there can be inadequate security,  or ignoring prior warnings, such as the lawsuit against Lockheed Martin.

Furthermore, sometimes, the employees may not have adequate training regarding the de-escalation techniques or emergency protocols against aggressive customers. 

Moreover, an employer cannot choose poor lighting and security arrangements in areas such as parking lots, hallways, or other common premises. 

Workers’ Compensation Vs. Personal Injury Lawsuit: Choosing The Right Path If Someone Assaults You At Work

Will you follow the line of workers’ compensation, or should you go for a personal injury lawsuit? 

You have to take the right legal path to reserve your rights. 

Workers’ Compensation: The Standard Route For Workplace Injuries

If someone attacks you at the workplace, you are entitled to get compensation under the workers’ compensation insurance. 

It is a no-fault system. So, here, you don’t need to prove that your employer did anything wrong to receive benefits. 

However, disputes can arise, as seen in a recent case where an employer unsuccessfully argued that a student’s sexual assault of an educational assistant was an expected “part of the job.” 

The compensation board ultimately ruled in the employee’s favor, affirming that such attacks are valid workplace injuries.

However, sometimes a personal injury lawsuit is a more suitable option. Here is a comparison of your primary legal options. 

Comparing Your Primary Legal Options

The path you take depends on who you are seeking compensation from and what you need to prove. This table provides a clear, at-a-glance comparison of your main options.

Legal Path	Who’s It Against	What It Covers	Key Requirement to Win
Workers’ Compensation Claim	Your Employer’s Insurance Carrier	Medical bills, partial lost wages, and disability benefits.	The injury must have occurred “in the course of employment.” You do not need to prove your employer was at fault.
Third-Party Personal Injury Lawsuit	The Attacker (Customer, Client, etc.)	Full compensation for medical costs, all lost wages, plus damages for pain and suffering.	You must prove the attacker intentionally or negligently caused your injuries.
Direct Lawsuit Against Employer	Your Employer	Full compensation, including pain and suffering and potentially punitive damages.	This is rare. You must prove the injury falls under a narrow exception to workers’ compensation, such as intentional harm by the employer.

The Harsh Reality Of Workplace Sexual Violence

Sexual assault in a professional setting is a disturbingly common crisis that shatters an employee’s sense of safety. 

The statistics are sobering and frame the gravity of the issue. The Department of Justice estimates that 8% of all rapes happen while the victim is at work. 

Broader research further reveals that nearly 7 million women in the U.S. have been subjected to some form of sexual violence by a workplace-related perpetrator, underscoring the pervasive nature of this threat.

Finding Comprehensive Support For A Complex Violation

When an employee has been sexually assaulted at work, the path forward involves navigating not just employer liability but also potential criminal charges and deep personal trauma. 

Some organizations specialize in this complex area. 

They provide a compassionate, expert guide for employees left vulnerable by workplace failures, offering step-by-step legal and emotional support. They can help connect the civil, criminal, and practical responses, ensuring you understand all your rights and options without feeling overwhelmed if someone assaults you at work.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. It is not a substitute for professional legal counsel. Always consult a qualified attorney with any questions you may have regarding your specific situation.