A shove in the break room. A threat whispered near your desk. A coworker whose anger grows until you fear leaving work or going home. Workplace violence frequently escalates without warning, leaving you unsure where to turn or what legal protections are available.

Working Solutions Law Firm built its practice around New York employees who face that uncertainty, and our employment attorneys hear these questions often. What follows covers the protections you have, the claims that may apply, and the duties your employer owes.

What Counts as Workplace Violence Under New York Law?

Workplace violence entails more than a physical fight. New York and federal safety agencies treat it as any act or threat of harm, harassment, or intimidation tied to your job.

The category shapes your remedy:

  • Physical assaults, from pushing and grabbing to strikes that cause injury
  • Verbal or written threats aimed at you or your family
  • Stalking, following, or repeated unwanted contact connected to your work
  • Intimidation, weapon brandishing, or property damage meant to instill fear
  • Sexual assault or gender-based attacks arising from your job

Each form carries its own reporting steps and its own consequences for the attacker and, at times, for your employer.

What Legal Options Do You Have After a Workplace Assault?

New York offers injured workers more than one path, and the right one turns on who caused the harm, why it happened, and what your employer knew. Some routes pay regardless of fault; others demand proof of intent or an ignored danger. Weighed side by side:

  • A gender-motivated violence claim, when the attack targeted your sex or gender
  • A workers’ compensation claim for medical bills and lost wages
  • A negligent hiring, retention, or supervision claim against the employer
  • A civil suit against the individual who assaulted you
  • A complaint to a state or federal safety agency

Which options fit can change as facts surface, so mapping them early guards your position.

When Can You Bring a Gender-Motivated Violence Claim?

An assault driven by your sex or gender opens a door that ordinary tort law does not. Under New York City’s Victims of Gender-Motivated Violence Protection Law, someone who commits a gender-motivated crime of violence can face a civil suit from the survivor, apart from any criminal case.

The claim reaches conduct that qualifies as a crime under state law and was fueled, at least partly, by gender-based animus. Filing deadlines, the nature of the act, and its tie to your job all shape whether it holds.

How Does Workers’ Compensation Fit In?

Workers’ compensation is often the fastest relief after a workplace injury, including a violent one. New York Workers’ Compensation Law § 10 holds employers liable for injuries arising out of and in the course of employment, paying medical costs and part of your lost wages without proof of fault.

An assault growing out of a work dispute or duty usually falls inside that coverage. A purely personal quarrel unrelated to the job may fall outside it. Claims run through the New York State Workers’ Compensation Board, not a courtroom, which speeds payment but caps recovery.

When Is Your Employer Legally Responsible for a Coworker’s Violence?

Workers’ compensation generally prevents employees from suing their employers directly, but exceptions apply when the employer’s own misconduct contributes to the violence. Claims for negligent hiring, retention, or supervision may be available if a supervisor commits the assault or the employer ignores a known danger.

Courts focus on whether the risk was foreseeable and left unaddressed:

  • A history of violence was known or should have been known: The employer hired or kept someone whose violent past could have been discovered through reasonable screening. Failing to recognize this warning sign may create liability if an assault occurs later.
  • A violent history was known or knowable: The company hired or kept someone whose assault record a basic background check would have caught. Ignoring that red flag can create liability for a later attack.
  • Complaints were brushed aside: Reports of aggression reached a supervisor who let them slide. A pattern of inaction shows the employer had notice and chose not to act.
  • Security gaps stayed open: Hazards like unlocked entrances or thin coverage during risky hours went unfixed. Leaving a recognized danger in place supports a claim of reckless disregard.

Proving any of these usually takes internal records, witness accounts, and a timeline linking what the employer knew to what it failed to do.

What Does the Law Require Employers to Do About Workplace Violence?

Under New York Labor Law § 27-b, public employers with at least twenty permanent full-time workers must assess risks and adopt a written workplace violence prevention program, with training and reporting built in. Private employers face growing rules too, including new retail-sector mandates.

On the federal side, OSHA has expanded its workplace violence resources and begun enforcement actions against employers that leave known dangers in place. Once a company learns of threats, intimidation, or past incidents, it sits on notice of the risk.

A solid prevention program pairs written policy with concrete safeguards:

  • Engineering controls such as cameras, alarm systems, and controlled building access
  • Administrative controls like staffing changes, safe cash-handling rules, and clear reporting channels
  • Training that helps staff spot warning signs and de-escalate conflict
  • A standing review of the program after any incident or credible threat

When an employer skips these steps despite clear warnings, that gap can weigh on both a safety complaint and a civil claim over your injuries.

Where Working Solutions Law Firm Comes In

Sorting through overlapping claims after a violent incident is hard while you are also trying to heal. Working Solutions Law Firm focuses on New York employees and the workplace disputes that upend their lives, and our team can help you see how the pieces fit.

Contacting Working Solutions Law Firm for a case review can help you understand whether your facts point toward a gender-motivated violence claim, a workers’ compensation filing, or a negligence action against your employer.

A case consultation gives you a clearer read on where you stand and what to do next. If we take your case, we will build it around the facts that matter most to your recovery and your rights.