A coworker attacked me at work and I was fired after I reported it. What can I do in Illinois?

Is an assault at work covered by workers' comp?

It depends on what the fight was about. An injury from a fight over the work itself is a risk of the job and is covered. An injury from a dispute that is purely personal and has nothing to do with the work is not. And the person who started it doesn't collect (Franklin v. Industrial Commission, 211 Ill. 2d 272 (2004)).

Employers like to call these mutual. The Supreme Court has said that who made first contact matters but doesn't settle the question. The Commission looks at everything, including how far the other person pushed (Franklin, 211 Ill. 2d 272).

Give your employer notice of the injury within 45 days (820 ILCS 305/6(c)).

Can I sue the coworker who attacked me?

Yes. The comp act's bar on lawsuits doesn't protect a coworker who commits an intentional tort (Meerbrey v. Marshall Field & Co., 139 Ill. 2d 455, 472 (1990)). The lawsuit has to be filed within two years (735 ILCS 5/13-202). The practical problem is collecting from an individual.

Can I sue the company?

For the attack itself, usually not. The comp bar blocks a common-law suit against the employer over a coworker's intentional act unless the employer or its alter ego committed it, or commanded or expressly authorized it. That the coworker was on the job at the time isn't enough (Meerbrey, 139 Ill. 2d 455).

Two exceptions matter. If the attack was sexual, or was aimed at you because of your sex, the Gender Violence Act has its own rule for employers (740 ILCS 82/11). And discrimination and retaliation claims run against the employer under their own statutes.

What if the attack came with racial slurs?

Then it is also a civil rights case. A charge with the Illinois Department of Human Rights is due within two years (775 ILCS 5/7A-102(A)(1)). A charge with the EEOC is due within 300 days in Illinois (42 U.S.C. § 2000e-5(e)(1)). A race-based harassment or termination claim can also go to federal court under 42 U.S.C. § 1981, where the deadline is four years (28 U.S.C. § 1658(a), as applied in Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004)).

I reported it and got fired. Is that retaliation?

It can be, under more than one law. State and federal law both bar punishing an employee for reporting or opposing discrimination (775 ILCS 5/6-101(A) and 42 U.S.C. § 2000e-3(a)). A report of an assault counts when it is a report of discrimination, as when the attacker used racial slurs or the attack was sexual. A report of a fight, without more, may not. If you reported an injury or filed a comp claim, the comp act separately bars firing you for that (820 ILCS 305/4(h)).

Watch for one move in particular. If the company offers to bring you back on the condition that you drop the injury claim, save the message. Refusing to rehire or recall an employee because she used her comp rights is unlawful under that same section.

A separate Illinois law protects you as the victim. An employer may not fire, harass or otherwise discriminate against someone because the person is, or is perceived to be, a victim of violent crime (820 ILCS 180/30(a)). It also has to make reasonable changes to keep you safe, such as a transfer, a new schedule or a new safety procedure, unless it can show undue hardship (820 ILCS 180/30(b)).

Can I take time off after an assault?

Illinois gives a victim of a crime of violence unpaid, job-protected leave to get medical care, counseling or legal help. The amount is 12 workweeks in a 12-month period if the employer has 50 or more employees, 8 if it has 15 to 49, and 4 if it has 1 to 14 (820 ILCS 180/20).

What should I do this week?

• Report it in writing and keep a copy.
• Get medical care, and tell the provider it happened at work.
• Photograph the injuries and write down who saw it.
• If you want the police involved, make the report now, while witnesses remember.
• Don't sign anything the company hands you, including a statement, until a lawyer has read it.

Working with GB Law

GB Law starts with the facts and tells you which claims you have. A case like this often needs more than one lawyer, one for the injury and one for the job. Where a claim belongs with a trial firm or another attorney we work with, we make the introduction and you know who is handling what.

Questions people ask

Do I need a police report to bring a civil case?

No. A civil claim doesn't depend on criminal charges. A report helps as evidence.

Can I collect comp and still sue the coworker?

Yes. Comp is a claim against your employer, and the lawsuit is against the person who hit you (Meerbrey, 139 Ill. 2d at 472). Expect your employer to seek repayment of its comp payments from any recovery (820 ILCS 305/5(b)).

HR says we were both at fault. Does that end it?

No. A typical two-person fight has one aggressor, and deciding who it was belongs to the Commission (Franklin, 211 Ill. 2d 272).

How long do I have?

Forty-five days to give notice of the injury. Two years to sue the coworker. Two years for a state discrimination charge, 300 days for a federal one, and four years for a race claim under § 1981. The authorities for each are above.