What Are My Rights If I’m Sexually Assaulted at Work?
A typical workplace should be a space where you feel safe, secure, and respected. However, sexual assault can shatter that sense of safety and trust. It disrupts the very essence of what a workplace should be – a supportive and comfortable environment to thrive in.
When you have been attacked, it’s essential to remember that you don’t have to navigate this difficult journey alone. An attorney experienced in workplace sexual assault cases can be a vital ally. They can help you seek justice, hold the responsible party accountable, and work towards restoring that feeling of safety and trust in your workplace. Your rights and well-being matter, and an attorney from Rocky McElhaney Law Firm can assist in ensuring they are protected.
What you need to know after a sexual assault at work
Dealing with sexual assault at your workplace is stressful, humiliating, and painful. In these moments, it’s important to know your rights. These rights include:
- Reporting the assault. If you’re a victim, you absolutely have the right to report the sexual assault to your employer, HR, or someone in your company who’s responsible. It’s a good idea to jot down what happened, including dates, times, places, and if there were any witnesses.
- Employer responsibilities. Employers have a legal duty to keep the workplace safe, and that includes making sure employees are protected from harassment and assault. Your employer should investigate the incident quickly and thoroughly, and they might take steps like punishing the person who did it.
- Legal protections. Federal and state laws are there to protect you from sexual harassment and assault at work. In the United States, Title VII of the Civil Rights Act of 1964 is the federal law that makes sexual harassment illegal. Tennessee law states that:
Sexual harassment involves any unwelcome sexual advance, request for sexual favors, or verbal, written, electronic, or physical conduct of a sexual nature by a manager, supervisor, or co-worker. Managerial harassment occurs when a manager or a supervisor gives or withholds a work-related benefit in exchange for sexual favors from the victim or takes an adverse action against an employee for refusing a request for sexual favors. In some circumstances, threatening to take such actions may also be a violation of this policy.
- Filing a lawsuit. It is your right that if you have experienced sexual harassment or assault at your workplace, you can file a lawsuit (or multiple lawsuits) in order to receive rightful compensation. The typical lawsuits you may file in this situation include personal injury, workers’ compensation and a civil lawsuit.
- Your privacy and keeping secrets. Your right to privacy and keeping things confidential is important. A lawyer can help you make sure your personal information is safe during the legal process.
How can a workplace sexual assault affect me?
Workplace sexual assault can have profound and lasting effects on the victim, impacting various aspects of their life.
Physically, sexual assault it might lead to injuries, from minor bruises to more serious harm. Emotionally, the impact can be substantial, resulting in conditions like post-traumatic stress disorder (PTSD), anxiety, and depression. This emotional turmoil can strain personal relationships, making it tough to connect with family, friends, or partners.
Professionally, there can be consequences, like job loss, demotion, or having to work in a hostile environment. This can put financial strain on victims due to medical bills, therapy costs, and lost wages from time off work. The effects of workplace sexual assault can stick around for a long time, potentially impacting a person’s life for years or even permanently.
In the face of this struggle, many survivors find strength in advocacy. They use their experience to raise awareness about workplace sexual assault and support others who’ve been through similar traumas. Healing is a personal journey, and having a support system, including therapy and counseling, is often crucial to recovery.
Getting involved in legal proceedings is necessary for justice and compensation, but it can be emotionally draining and time-consuming; however, with the right Nashville sexual assault attorney, the legal process can be made far less stressful and isolating.
What type of lawsuit can I file after being sexually assaulted at work?
We mentioned earlier that if you are sexually assaulted while at work, you have the right to file a lawsuit in order to receive compensation for medical bills, lost wages, and pain and suffering. You should know that there are multiple types of lawsuits or claims that you can file, each one focusing on different aspects and results. However, it’s important to understand the distinctions and potential limitations of each type of lawsuit and the conditions under which you might consider pursuing multiple claims simultaneously.
Filing a personal injury lawsuit work workplace sexual assault
A personal injury lawsuit is typically filed when an individual suffers harm or injury due to the negligence or intentional actions of another person, entity, or organization.
Personal injury cases encompass a wide range of incidents, including car accidents, slip and fall accidents, medical malpractice, and workplace sexual assault. In a personal injury lawsuit, the injured party (plaintiff) seeks compensation for their injuries, including medical expenses, lost wages, pain and suffering, and other damages.
Filing a workers’ compensation claim after a sexual assault on the job
Workers’ compensation is a specialized system designed to provide benefits to employees who are injured or become ill while performing their job duties. It is typically a no-fault system, meaning that employees are entitled to compensation regardless of who was at fault.
Workers’ compensation benefits often include coverage for medical expenses, disability benefits, and wage replacement but do not cover emotional trauma and harm.
Choosing the right legal option for you
In some situations, you might consider filing a personal injury lawsuit and a workers’ compensation claim simultaneously:
- Third-party liability. If your injury occurred at work due to the negligence of a third party who is not your employer or a co-worker, you may have grounds to file both a workers’ compensation claim and a personal injury lawsuit against the third party. For example, let’s say you work at an office building that hosts many businesses, including a coffee shop. If you were assaulted while going to get coffee, and the security in the building was negligent and did not stop the assault when it should have, you could pursue both types of claims.
- Different types of compensation. Workers’ compensation typically covers medical expenses and a portion of lost wages, but it does not provide compensation for pain and suffering or other non-economic damages. In this case, filing a personal injury lawsuit can allow you to seek full compensation, including non-economic damages.
Note: If you have a separate civil claim unrelated to your workplace injury, such as a contractual dispute or property damage, you can file a civil lawsuit alongside your workers’ compensation claim. These are distinct legal issues that can be pursued independently.
As we can see, the legal system can be complex. This is just one reason why it’s really a good idea to talk to a Nashville lawyer who knows about workplace sexual assault cases. They can help you understand what you can do, take you through the legal processes, and fight for money on your behalf. Experiencing sexual assault at work is a serious matter. Taking legal action can help you get justice.
If you have been sexually assaulted at work, you may feel isolated and afraid; we want you to know that you are not alone. We fight for the rights of people like you because not only is it the right thing to do, but it is also what you deserve. We will handle your case with compassion and dedication so that those responsible for the harm done to you face justice, and rightfully compensate you for your pain and suffering. To schedule a free consultation, call us or complete our contact form. We have offices in Nashville, Hendersonville, and Clarksville.
Related: