Being struck by a coworker can leave you physically hurt, emotionally shaken, and wondering who is legally responsible. Yes, you can sometimes sue your employer when a coworker injures you, but whether you may do so depends on Texas workers’‑compensation rules, the coworker’s role, and the employer’s own conduct. The following guide explains how the law works, what compensation may be available, and how Fort Worth workplace injury attorney Paul Previte and his team can help you move forward.
A coworker’s punch shouldn’t knock out your future. Call the Law Office of Paul Previte at (817) 335-4357 for a free, confidential case review and discover whether workers’ comp, a negligence suit, or both can secure the compensation you deserve.
Why Choose Paul Previte After a Workplace Assault in Fort Worth?
Experience matters. For more than 25 years, Fort Worth trial attorney Paul Previte has represented Texans hurt on the job, drawing on insight gained as a former prosecutor and judge. I personally handle every workplace‑assault case—clients speak directly with me, not a junior associate.
Results build trust. The Tarrant County workplace assault lawyers at the Law Office of Paul Previte have recovered substantial awards for injured workers, including demonstrating our ability to hold negligent employers accountable.
Clients come first. Past clients describe our approach as caring and relentless—”I hired Paul Previte because of what he told me during my free consultation. He believed in my case and convinced me to take the case to trial. I am glad I followed his advice because the jury found me NOT GUILTY and my case was dismissed.” – J.S. —and appreciate that our office at 6000 Western Place, Suite 200, Fort Worth, TX 76107 is convenient to all of Dallas‑Fort Worth.
Take the next step. If a coworker hurt you, call (817) 335-4357 for a free case review. We can explain your rights, outline a strategy, and start protecting critical evidence today.
Can You Sue Your Employer if a Coworker Hits You?
Texas handles on‑the‑job injuries differently from most states. If your employer subscribes to state‑approved workers’ compensation, that system is usually your only remedy, meaning you file a workers’‑comp claim instead of a lawsuit. Workers’ comp pays medical bills and part of your lost wages but does not cover pain and suffering.
If the company is a “non‑subscriber” (it chose not to buy workers’ comp), you may sue the company for negligence. Non‑subscriber employers lose many common defenses and can be held liable for failing to provide a safe workplace.
Finally, even when workers’ comp applies, an employer can still be sued directly for gross negligence, for intentional wrongdoing, or for negligent hiring or supervision. In short, suing the company is possible, but the facts determine the path forward.
When Is an Employer Liable for an Employee’s Actions?
Texas recognizes respondeat superior, a rule that makes an employer liable for harm caused by an employee acting within the “course and scope” of work. If your coworker was performing job duties, driving a delivery van, operating a forklift, or supervising a shift, when the incident occurred, the company can be responsible.
Example: Two route drivers collide while rushing deliveries. The careless driver’s employer is answerable for medical bills and wage loss suffered by the injured driver because the crash furthered company business.
Why the rule exists. Employers benefit from employees’ labor and therefore bear the cost of injuries employees cause while working. Making the company pay ensures an injured worker can recover from the business’s insurance instead of relying on an individual coworker’s limited assets.
To prove employer liability you must show:
- The wrongdoer was an employee (not an independent contractor).
- The coworker was negligent or intentionally harmful.
- The act occurred while the employee performed authorized work.
When all three elements align, Fort Worth workplace accident attorney Paul Previte can seek full damages from the company’s insurance carrier or assets.
What If the Attack Was Personal or Outside Work Duties?
Employers are not automatically liable for purely personal fights or “horseplay” outside assigned tasks. If a coworker ambushes you in the parking lot over a private dispute, the company may argue the assault was a personal “frolic” beyond the scope of employment.
Intentional violence motivated by personal anger generally falls outside job duties, and employers often deny responsibility. Still, gray areas arise. For instance, when management knows tensions exist or ignores repeated safety complaints. Workplace assault lawyer Paul Previte investigates whether company negligence, lax supervision, or rule violations allowed the incident to occur.
Should You Sue the Coworker Personally?
You may sue the individual coworker for assault or battery, especially when the act was intentional or grossly negligent. Be aware, however, that coworkers rarely carry insurance covering workplace assaults, and collecting a judgment can be difficult.
When workers’‑comp applies, co‑employees are usually immune from simple negligence claims, but intentional misconduct breaks that shield. Combining a direct claim against the coworker with a negligence claim against the employer often maximizes recovery. Tarrant County personal injury attorney Paul Previte can advise which defendants to name and how to preserve all options.
What Steps Should You Take After a Coworker Assault?
- Get to safety and obtain medical care. Immediate treatment protects your health and documents injuries.
- Report the incident to a supervisor or HR in writing. An official report supports any future claim.
- Call police if violence occurred. A police report creates an impartial record and may deter retaliation.
- Secure evidence. Photograph injuries, save torn clothing, and collect witness names. Request that any camera footage be preserved.
- Stay calm and avoid public arguments or social‑media posts. Retaliation can jeopardize your case.
- Consult a lawyer quickly. North Texas workplace violence attorney Paul Previte can gather evidence, deal with insurance adjusters, and stop employer intimidation.
These simple steps protect both your wellbeing and your legal rights.
What Compensation Can You Recover?
A personal injury lawsuit against the employer or a third party may provide far broader compensation than workers’ comp. Available damages include:
- Medical expenses for emergency care, surgery, therapy, and future treatment.
- Lost wages during recovery and diminished future earning capacity.
- Pain and suffering for physical discomfort and emotional trauma such as anxiety or PTSD.
- Loss of life enjoyment if injuries limit daily activities or hobbies.
- Punitive damages when conduct was malicious or grossly negligent.
Workers’ comp, by contrast, pays only medical bills and a percentage of lost wages, with no pain‑and‑suffering component. The Fort Worth workplace injury attorneys at the Law Office of Paul Previte analyze which route yields the fullest recovery and pursue every category of damages the law allows.
Is There a Deadline for Filing Suit?
Texas imposes a two‑year statute of limitations on personal injury lawsuits. Missing that window usually ends the right to sue, no matter how strong the evidence. Internal investigations, insurance negotiations, or workers proceedings do not pause the clock. Acting promptly lets Fort Worth workplace accident lawyer Paul Previte file in time, preserve video footage, and interview witnesses before memories fade.
Separate workers deadlines also apply: an injury must be reported within 30 days, and certain forms filed within one year. We handle those filings so our clients can focus on healing.
What If the Company Knew the Coworker Was Dangerous?
Employers have a duty to provide a reasonably safe workplace. When management hires or keeps an employee despite warning signs: violent outbursts, criminal history, repeated HR complaints. The company can be sued for negligent hiring, training, or supervision.
Consider a scenario where HR receives multiple complaints that an employee threatened colleagues, yet takes no action. If that worker later attacks someone, the employer’s own negligence becomes a separate cause of action with potentially higher damages.
Texas law limits some claims based solely on criminal history, but proof of specific violent propensities or ignored complaints overcomes those limits. Fort Worth workplace injury attorney Paul Previte digs into background checks, personnel files, and prior incident reports to establish the employer’s knowledge and strengthen your case.
Do the Same Rights Apply to Independent Contractors and Other Workers?
Your employment status matters but titles aren’t final. If you are an independent contractor injured by a company employee, you generally may sue the company as a third party because workers’ comp does not cover you.
If the person who hurt you was a contractor, not a direct employee, you may sue that individual and their separate employer. Courts look at the actual relationship, not labels. If the company exercised control over the worker’s tasks, the law may treat the aggressor as an employee, restoring vicarious liability. The workplace assault attorneys at the Law Office of Paul Previte scrutinize contracts, payroll records, and supervision practices to identify every responsible party.
Real‑World Examples of Workplace Assault Cases in Texas
- Supervisor assault: A warehouse manager loses his temper and shoves a worker while directing inventory. Because the supervisor acted within managerial duties, the company faces liability despite the violence being unauthorized.
- Horseplay gone wrong: Coworkers engage in a “prank” involving a forklift, injuring a bystander. Tolerated horseplay may place liability on the employer for lax supervision.
- Off‑duty feud on site: A lunchtime fistfight over personal matters occurs in the parking lot. Employer liability is doubtful unless prior threats were reported and ignored.
- Contractor–employee altercation: A delivery driver employed by a vendor punches a dockworker. The dockworker can sue the driver and the delivery company; his own employer pays workers’‑comp benefits if subscribed.
- Known‑risk employee: Management retains an employee with a history of threats; he later assaults a coworker. Negligent retention claims add punitive‑damage exposure for the employer.
These scenarios show how fact‑intensive workplace assault cases can be. Fort Worth workplace violence lawyer Paul Previte is prepared to tackle both common and unusual situations and pursue justice for every client.
How to Get Legal Help Now
You deserve answers and support. The Fort Worth workplace injury attorneys at the Law Office of Paul Previte offer free, confidential consultations to workers hurt by coworkers across Dallas‑Fort Worth.
Personalized guidance. I will analyze your employment status, insurance coverage, and evidence to map the best course of action—workers’ comp, third‑party lawsuit, or both. You pay no attorney’s fee unless we win.
Local representation. As a lifelong Tarrant County litigator, I know the local courts, judges, and defense tactics. My team stands ready 24/7 to protect injured employees from employer retaliation and to secure the compensation they deserve.
Contact us today. Call (817) 335-4357 or submit our online form. Let Fort Worth workplace assault attorney Paul Previte fight for your rights while you focus on healing.
