Estimated reading time: 20 minutes

Key Takeaways

• Workplace violence employer liability arises when an employer fails to take reasonable steps to prevent foreseeable violence, threats, or assaults at work.

• OSHA guidance expects employers to maintain a workplace free from recognized hazards, which includes foreseeable risks of workplace violence and security failures.

• Foreseeability drives liability: prior threats, incidents, or obvious security gaps demand action; ignoring them can lead to negligent security at work lawsuit exposure.

• If you are assaulted at work, protect safety first, seek medical care, report in writing, preserve evidence, and consider a workplace assault claim and workers’ compensation.

• Evidence wins cases: incident reports, medical records, witness statements, security logs/footage, and expert testimony establish duty, breach, causation, and damages.

Table of Contents

• Introduction

• Legal Framework: Quick Summary

• What Is Workplace Violence?

• When Can an Employer Be Held Liable?

• Employer’s Duty to Protect: What “Reasonable Steps” Look Like

• Immediate Steps to Take if Assaulted or Threatened at Work

• Employees’ Legal Rights if Assaulted at Work

• How to File a Workplace Assault Claim

• Negligent Security at Work Lawsuits: What Qualifies

• How to Report and Escalate When the Employer Fails to Act

• Evidence, Witness Statements, and Expert Testimony

• Practical Templates and Sample Language

• External Resources and Citations

• Case Examples and Illustrative Hypotheticals

• Conclusion

• FAQ

Introduction

Workplace violence employer liability is the legal responsibility an employer may have when an employee suffers violence, threats, or assault at work because the employer failed to take reasonable steps to prevent foreseeable harm. In plain terms, if an employer failed to protect an employee from known or knowable dangers, the law may hold the employer accountable.

Employers owe employees a safe workplace. That duty includes recognizing and reducing foreseeable risks of violence, such as credible threats, prior incidents, unsafe access points, or broken security measures. When the employer ignores warnings or delays obvious fixes, both safety and legal exposure escalate.

This guide helps employees understand when employers can be held liable for violence, assaults, threats, or security failings; what assaulted at work legal rights you have; and exactly how to pursue a workplace assault claim or a negligent security at work lawsuit when the employer failed to protect employee safety.

Learn when to document, whom to notify, which evidence matters, and how these cases are proven in court. The goal is clarity: practical steps you can take today, grounded in real legal standards and credible sources.

Legal Framework: Quick Summary

At a high level, workplace violence employer liability turns on duties, foreseeability, and reasonable prevention. Here are the essentials.

• OSHA’s “general duty” expectations: Employers must maintain a workplace free from recognized hazards that could cause serious harm. OSHA’s workplace-violence guidance explains that employers should take reasonable, proactive steps to protect workers from foreseeable violence and security failures. See OSHA’s workplace violence page.

• Liability theories: Courts and commentators explain that an employer can be liable when it fails to address foreseeable threats, ignores prior incidents, or provides inadequate security under the circumstances. See analyses from David Helfand Law on employer liability for workplace violence and Stanley Law Offices’ overview of employer liability.

• Proof building: Establish duty, breach (unreasonable precautions), causation (link between the failure and injury), and damages. Foreseeability is the hinge—warnings, prior incidents, or obvious risks demand action.

What Is Workplace Violence?

For legal and safety purposes, workplace violence includes physical assault, threats, harassment, intimidation, and other disruptive behavior occurring at the worksite or in work-related settings. This definition tracks federal guidance and safety standards on workplace risks. See OSHA’s workplace violence overview and the California Lawyers Association discussion of violence-related workers’ compensation issues in Workers’ Comp Issues Resulting from Workplace Violence.

Types and examples include the following.

• Co-worker or supervisor violence: an altercation after documented threats or bullying escalates to assault.

• Third-party or visitor violence: a customer, contractor, or vendor attacks an employee during a service interaction.

• Domestic-related stalking at the workplace: an abusive ex-partner shows up at the worksite after repeated warnings.

• Client attacks in healthcare, retail, hospitality, or social services—especially during late hours or in isolated areas.

Perpetrators can be co-workers, supervisors, customers, vendors, or outsiders. Recognizing that threats can come from inside and outside the organization is central to assessing and preventing risk. See Stanley Law Offices’ discussion of who can commit workplace violence.

When Can an Employer Be Held Liable?

In plain terms, employer liability generally requires showing four elements: (1) the employer owed a duty to provide a safe workplace, (2) the employer breached that duty by failing to take reasonable precautions, (3) the breach was a proximate cause of the employee’s injury, and (4) the employee suffered damages. That is the backbone of negligence and premises-liability analysis.

Foreseeability drives outcomes. If a threat was known or should have been known—through prior threats, violent incidents nearby, credible employee warnings, or obvious security gaps—employers must take reasonable steps to prevent harm. Failing to do so can establish workplace violence employer liability. See practical overviews in David Helfand Law’s discussion of foreseeability and employer duties and Stanley Law Offices’ explanation of employer liability. OSHA’s guidance underscores the obligation to address recognized hazards, including violence risks, with reasonable prevention measures. See OSHA on workplace violence risk controls.

Concrete scenarios where an employer may be liable include these examples.

• Ignoring prior threats or complaints: Multiple written complaints warned that a co-worker threatened violence. Management did nothing and no protective measures were taken. When an assault occurs, the foreseeability and inaction point to a breach.

• Inadequate screening for public-facing roles: An employer places a worker in a customer-facing role without basic screening where the role typically requires it. A known violent history leads to harm. Failure to screen can be negligent given the risk profile.

• Security failures after credible incidents: A break-in occurs and management knows a lock does not function. Months pass without repair, and an intruder later assaults an employee. Not addressing a recognized hazard is a classic breach.

• Allowing an abuser onto premises after warnings: An employee gave HR a protective order and requested security; front-desk staff still admit the abuser, who attacks the worker. Disregarding protective protocols supports liability.

These scenarios align with the view that if an employer failed to protect employee safety despite foreseeable risks, liability can follow. The specific facts, documents, and timelines will make or break a case.

Employer’s Duty to Protect: What “Reasonable Steps” Look Like

Reasonableness depends on the risks of the job, the location, prior incidents, and industry standards. Below is a practical checklist that illustrates typical measures employers should implement to reduce foreseeable risks of workplace violence.

• Clear, written anti-violence policy with zero-tolerance enforcement.

• Formal reporting procedures that encourage prompt reporting and require documented follow-up.

• Risk assessments tailored to job roles, shifts, and locations (e.g., late-night retail, healthcare, home visits).

• Background checks and screening where relevant to the role’s risk level and legal requirements.

• Controlled access, functioning locks, visitor sign-in, badges, and security personnel where indicated.

• Surveillance cameras, adequate lighting, panic buttons, and alarm systems appropriate to the environment.

• Regular training on de-escalation, threat recognition, reporting, and emergency response.

• Maintenance of security equipment: prompt repair of broken locks, cameras, alarms, and lighting.

• Post-incident reviews and timely security updates after threats or incidents.

Negligent security at work occurs when an employer fails to provide reasonable safeguards for known or foreseeable risks, or fails to respond to known security problems. Courts and commentators analyzing workplace violence employer liability frequently highlight negligent security as a common theory in these cases. See David Helfand Law’s overview of negligent security concepts and Stanley Law Offices on employer security obligations.

Short examples of negligent security (each fact pattern is different, but these illustrate risk):

• Broken perimeter doors or locks known to management remain unrepaired for weeks.

• Security cameras fail for months; prior incidents occurred, yet no interim measures are taken.

• After credible threats, management fails to adjust access controls or add a security presence.

• Visitor protocols exist on paper but are not enforced, allowing unauthorized access.

If you reported threats or security gaps and nothing changed, that evidence could support the claim that the employer failed to protect employee safety in a foreseeable way.

If an internal investigation is opened after an incident, understand the process and your role. For a practical employee-focused guide to responding in interviews and preserving your account, see this resource on employee rights during a workplace investigation.

Immediate Steps to Take if Assaulted or Threatened at Work

Acting quickly protects your safety, your health, and your legal position. The following steps are chronological. Keep each action documented and date-stamped.

Step 1 — Ensure immediate safety

If a threat is ongoing, call 911 and remove yourself from danger. Get to a safe location and do not re-engage with the aggressor.

Step 2 — Seek medical attention and document injuries

Obtain medical treatment promptly. Keep copies of all medical records, bills, and discharge instructions. Photograph visible injuries and any damaged property or clothing.

Step 3 — Report workplace threats to employer in writing

Use email or your employer’s official incident form. Written reporting creates a reliable record and triggers the employer’s duty to respond. A short sample opener you can adapt:

“On [date/time], I was [assaulted/threatened] by [name/description]. The incident occurred at [location]. Witnesses: [names]. I request that this be documented and that the company take immediate steps to protect me.”

Documenting and reporting are critical risk-reduction steps echoed in legal commentaries on employer liability and prevention. See Stanley Law Offices on reporting and documentation and Gentry Locke’s guidance on workplace violence liability pathways. If the situation involves an abusive environment, strategies for reporting safely are similar to those in this step-by-step guide on how to report a hostile work environment.

Step 4 — File a police report

If a crime occurred, report it to law enforcement and obtain a copy of the police report. The criminal process is separate from civil claims but can supply crucial evidence.

Step 5 — Preserve all evidence

Save texts, emails, voicemails, and messages related to threats. Make a written preservation request to HR or security for CCTV footage and access logs. Keep medical records, injury photos, and damaged clothing.

Step 6 — Identify witnesses and take notes

List witness names and contact information. Ask them to write a short statement while memories are fresh. Keep contemporaneous notes of who you notified, what they said, and when. If your employer opens an investigation, the practical advice in rights during a workplace investigation can help you prepare for HR interviews.

If you experience intimidation or discipline for reporting, learn how to protect yourself using this resource on what to do after employer retaliation.

Employees’ Legal Rights if Assaulted at Work

Several legal pathways may apply, and they can overlap. Understanding each helps you protect benefits and pursue full compensation where allowed.

• Workers’ compensation: Employees injured by workplace violence may be eligible for workers’ compensation regardless of fault, depending on state law and the facts of the incident. See the California Lawyers Association discussion of coverage boundaries in Workers’ Comp Issues Resulting from Workplace Violence. For a practical overview of benefits and filing support, see how a workers’ compensation lawyer can help.

• Civil claims: If the employer’s negligence—including negligent security or failing to act on known threats—contributed to the injury, you may pursue a civil negligence or premises-liability claim for broader damages. See Gentry Locke’s overview of civil liability for workplace violence and David Helfand Law’s analysis of employer liability.

• Criminal dimension: You can and should report criminal conduct to the police. Prosecutors decide whether to bring charges; that decision is independent of any civil claim or workers’ compensation case.

• Interaction between workers’ comp and civil suits: State rules vary. Some states limit suits against employers while allowing claims against third-party attackers or suits for intentional acts. Others allow negligence claims in specific circumstances or apply offsets for overlapping recoveries. Consult counsel in your state for guidance tailored to your facts.

• Non-legal remedies: Seek protective orders or restraining orders where appropriate, ask for interim safety measures (escorts, shift/location changes, remote work), or request leave while safety measures are implemented.

If you were assaulted at work, legal rights can include medical and wage benefits through workers’ compensation, and in qualifying cases, additional civil damages for negligence or negligent security. Knowing these options empowers you to insist on action when an employer failed to protect employee safety.

If threats are tied to harassment or bias, guidance in this resource on workplace harassment legal support may also be relevant.

How to File a Workplace Assault Claim

In civil court, a workplace assault claim most often alleges negligence or negligent security. The core theory is simple: show duty, breach, causation, and damages. The proof is built with documents, credible testimony, and expert analysis.

Step-by-step procedure

1. Gather evidence: Incident reports, medical records and bills, photos of injuries, witness statements, security logs, and emails requesting safety measures.

2. Preserve electronic evidence: Save texts/emails and send a written request that the employer preserve CCTV footage and related logs.

3. Request internal records: Ask for copies of your incident report(s), HR findings, and the policies/protocols in effect at the time (violence, security, access control, visitor procedures).

4. Date-stamp your reporting trail: Keep copies of every email or form you used to report workplace threats to employer. This shows the timing and content of your warnings.

5. Consult an attorney experienced in workplace violence and negligent security. Bring your evidence packet to maximize a productive evaluation.

6. Attorney investigation: Counsel may issue preservation letters, subpoena security footage, hire security experts to evaluate reasonable measures, and retain medical/vocational experts to quantify damages.

7. File the workplace assault claim in the appropriate civil court, or pursue administrative or agency complaints as advised.

8. Consider parallel avenues: Coordinate a workers’ compensation claim, an OSHA complaint where appropriate, and the police/criminal process when a crime occurred. See OSHA’s workplace violence guidance and complaint information and Gentry Locke’s overview of liability pathways.

Statutes of limitations vary by state—often one to three years for personal injury claims, with exceptions. Do not delay; deadlines can be shorter depending on the claim or defendant (e.g., public entities). Prompt consultation is essential.

If the employer responds by opening an inquiry, learn about your protections and responsibilities with this practical guide to rights during workplace investigations.

Negligent Security at Work Lawsuits: What Qualifies

A negligent security at work lawsuit focuses specifically on the employer’s failure to implement or maintain adequate security measures in light of foreseeable risks. This is a common route to establish workplace violence employer liability when the facts show ignored warnings or obvious gaps.

Proof elements specific to negligent security

• Foreseeability: Prior incidents, credible threats, neighborhood crime patterns, or internal warnings that should have put the employer on notice.

• Specific deficiency: Identifiable gaps such as broken locks, no controlled access, inadequate lighting, nonfunctional cameras, or failure to add security after warnings.

• Causation: Evidence that the deficiency materially increased the risk and that reasonable measures likely would have prevented or reduced the harm.

• Damages: Medical costs, lost wages, pain and suffering, emotional distress, and in egregious cases, punitive damages.

Courts consider a range of admissible evidence, including maintenance logs, security system service records, prior incident reports, witness testimony, and expert opinions from security professionals about industry standards and reasonable measures. See David Helfand Law’s discussion and Stanley Law Offices’ overview.

Outcomes often turn on documentation and clarity around foreseeability. Many claims settle, while others proceed to trial if disputes remain about notice, adequacy of measures, or causation. Settlement values typically increase with serious injuries, clear prior warnings, and a lack of documented preventive steps.

How to Report and Escalate When the Employer Fails to Act

If you reported a threat and nothing happened, escalate methodically and keep a paper trail. The goal is both safety and a complete record showing your reasonable requests and the employer’s response time.

Internal escalation (day-by-day steps)

• Day 0–1: Report workplace threats to employer in writing (email plus formal incident form). Keep copies.

• Day 2–7: If no action, send a follow-up email requesting specific remedies (security escort, lock changes, schedule a safety meeting) and set a reasonable deadline (48–72 hours) for an update.

• If no timely response: Document non-responses and request escalation to HR leadership or corporate security. Ask for confirmation that evidence (CCTV, access logs) is preserved.

External escalation options

• OSHA complaint: When recognized hazards like workplace violence risks go unaddressed, you may file a complaint. See guidance and processes on OSHA’s workplace violence page.

• State labor or workers’ compensation boards: Processes vary by state, but these agencies can address safety complaints and benefits disputes.

• Police report: Report criminal conduct promptly and obtain the report number and copy.

• Private counsel: Discuss filing a workplace assault claim or negligent security at work lawsuit with an experienced attorney.

Always document employer inaction: save emails, note dates/times of reports, and confirm oral conversations with follow-up emails. For a complementary step-by-step approach to raising dangerous conditions internally, see this guide on documenting and reporting harmful workplace conditions.

Evidence, Witness Statements, and Expert Testimony

Evidence proves duty, breach, causation, and damages. Start building the record immediately and keep everything organized by date.

• Incident reports: Copies with date/time stamps, including your initial report and any updates.

• Medical records and photographs: ER notes, treatment plans, diagnostic imaging, bills, and clear photos of injuries.

• Wage loss proof: Pay stubs, payroll records, and any attendance or leave documentation.

• Internal communications: Emails, texts, and messages showing prior warnings, requests for help, or lack of response.

• Security artifacts: Maintenance logs, work orders, visitor sign-in logs, access-control data, and CCTV footage (send preservation requests in writing).

• Witnesses: Names, contact information, and written statements made while memories are fresh.

Expert testimony strengthens the case. Security experts can compare employer measures to industry standards and explain why specific precautions were reasonable. Medical experts quantify injuries and future treatment. Vocational experts explain lost earning capacity and work restrictions.

Sample one-paragraph witness statement you can ask a co-worker to adopt:

“I, [name], state that on [date] at [time], I observed [describe what was seen/heard]. I was [location] and the following people were present: [names]. I am willing to testify under oath to the above.”

When an incident overlaps with harassment or a hostile environment, see this primer on what a hostile work environment is and how it’s proven.

Practical Templates and Sample Language

Use and adapt the templates below to create a clean record of what happened, whom you told, and what you asked the employer to do.

Incident report sample (fields and sample line)

• Fields: Date, time, location, parties involved, witnesses, objective description, injuries, immediate action taken, reporter name and signature.

• Sample line: “At approximately [time] on [date], [name] attacked/threatened me by [description]. I suffered [injuries]. Witnesses: [names]. I ask that management take immediate steps to secure my safety.”

Follow-up complaint email to HR or leadership

Subject: Follow-up on [date] workplace threat/assault — request for immediate safety measures

Body: “I reported the [threat/assault] on [date/time]. I remain concerned about my safety. Please confirm by [deadline] the measures being implemented (e.g., lock repair, access restrictions, security escort) and that all relevant evidence (CCTV, access logs) is preserved. Thank you for your prompt attention.”

Preservation request for security footage and logs

“Please preserve all CCTV audio/video and access logs for [location] from [time/date] to [time/date] related to the incident on [date]. This includes backups and any third-party cloud storage. Confirm preservation in writing.”

Demand letter outline for counsel

• Facts: Concise timeline of threats/incidents, reports made, and employer responses/inaction.

• Liability: Duty owed and breach, including negligent security gaps and foreseeability.

• Causation: How failures increased risk and led to the incident.

• Damages: Medical expenses, lost wages, pain and suffering, emotional distress, and any punitive basis.

• Demand: Specific remedies, policy/safety changes, and a settlement amount or negotiation framework.

These templates support a well-documented workplace assault claim and help demonstrate that you report workplace threats to employer in a clear, timely manner.

External Resources and Citations

• OSHA: Workplace Violence — employer duties to address recognized hazards and practical prevention guidance.

• David Helfand Law: Employer Liability for Workplace Violence — negligence and negligent security concepts applied to violent incidents.

• Stanley Law Offices: Are Employers Liable for Workplace Violence? — foreseeability, reporting, and prevention practices.

• California Lawyers Association: Workers’ Comp Issues Resulting from Workplace Violence — coverage considerations and standards.

• Gentry Locke: Workplace Violence Liability — pathways to liability and claim strategy.

Throughout this guide, these sources are linked in context where they best support definitions, standards, and steps, reinforcing the core principles of workplace violence employer liability and what evidence courts find persuasive in a negligent security at work lawsuit.

For complementary employee-rights content on related workplace risks and protections, explore these in-depth guides: how to report a hostile work environment, workplace harassment legal support options, how to respond to employer retaliation, workers’ compensation claim basics, and employee rights during investigations.

Case Examples and Illustrative Hypotheticals

Example 1: Ignored threats — employer liability found

Facts: A co-worker sent violent texts to an employee and threatened harm in front of witnesses. The employee reported the threats three times in writing. The employer kept the workers on the same shift and took no security steps. An assault occurred near a rear exit with a broken lock.

Why liable: Multiple written reports and a known security defect established foreseeability and breach. The broken lock and lack of separation or escort services supported negligent security.

Evidence to win: Dated emails to HR, witness statements, photos of the broken lock, maintenance records, injury photos, medical bills, and incident reports.

Likely remedies: Medical expenses, lost wages, pain and suffering, emotional distress, and possibly punitive damages if inaction was egregious. A parallel workers’ compensation claim could also provide medical and wage benefits.

Example 2: Random third-party attack — reasonable security, no liability

Facts: A stranger attacked an employee in a well-lit, badge-controlled lobby with recorded CCTV and on-site security. There were no prior threats or similar incidents.

Why not liable: The employer maintained reasonable, industry-standard measures and had no notice of a specific risk. Foreseeability was minimal and precautionary steps were adequate.

Evidence to evaluate: Security logs, footage, prior incident history, and training records. Workers’ compensation would likely cover medical care and time off, while civil negligence may not succeed against the employer on these facts.

Example 3: Negligent security — broken locks and poor lighting lead to settlement

Facts: Employees repeatedly reported that a side-door lock failed and lights in the parking area were out. Two months later, an assailant entered through the side door and assaulted an employee walking to a dark lot.

Why liability likely: Foreseeability plus specific, easily correctable defects. The employer failed to fix known hazards and did not add interim measures (temporary lighting, guards).

Evidence to win: Prior maintenance requests, photos showing dark conditions, visitor logs, footage showing the entry route, medical documentation, and expert analysis of reasonable security. Settlements often increase when prior warnings and clear safety fixes are documented.

Conclusion

Workplace violence employer liability turns on duty, foreseeability, and reasonable prevention. If the employer failed to protect employee safety by ignoring credible threats, leaving obvious security gaps, or delaying repairs after prior incidents, liability can attach. The more you document hazards, warnings, and responses, the stronger your position becomes.

If you were harmed, act fast: seek medical care, report workplace threats to employer in writing, protect evidence, and consider your options—including workers’ compensation, a workplace assault claim, and, where facts justify it, a negligent security case. Solid documentation and expert support often drive fair outcomes.

Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.

FAQ

Can I sue my employer if I’m assaulted by a co-worker?

It depends on state law and the facts. Workers’ compensation may cover medical and wage benefits regardless of fault. A civil lawsuit may be possible if the employer’s negligence—such as ignoring warnings or security failures—contributed to the harm. Consult counsel promptly to evaluate your assaulted at work legal rights and deadlines.

What if the attacker is a customer or a stranger?

You may still have a negligent security at work lawsuit if you can show foreseeable risk and inadequate security for the circumstances (e.g., broken locks, poor lighting, failure to add security after warnings). Foreseeability and specific deficiencies are key.

What if I reported threats and nothing happened?

Keep reporting in writing, escalate to HR or security leadership, and document every non-response. You can also report to OSHA if recognized hazards persist and consult an attorney about a workplace assault claim. Your documentation helps show that you did report workplace threats to employer and that management failed to act.

How quickly must I act?

Deadlines vary by claim and state. Personal injury statutes of limitations are often one to three years, and administrative timelines can be shorter. Preserve evidence immediately, get medical care, and speak with counsel promptly to protect your options.

What damages can I recover?

Possible damages include medical expenses, lost wages, pain and suffering, and emotional distress. In egregious cases, punitive damages may be available. Workers’ compensation offers medical and wage benefits, with available civil damages depending on your state and claim type under workplace violence employer liability.