What Should I Do if I Get Into a Fight at Work?

Workplace disputes are not uncommon, but when tensions escalate into physical altercations, the consequences can be severe for everyone involved. 

Whether you were attacked, defended yourself, or found yourself in a heated exchange that spiraled out of control, it’s important to know your rights and what steps you should take to protect yourself legally and professionally. 

At Morgan & Morgan, we fight For the People, and we’re here to help you understand what to do if you ever find yourself in this difficult situation.

Step 1: Prioritize Safety and Medical Attention

The first thing you should do after any physical altercation at work or elsewhere is ensure your immediate safety.

If the fight is still in progress, remove yourself from the area as soon as possible. Continuing to engage in the altercation can increase the risk of injury and worsen the legal consequences for both parties. If necessary, call for help or security.

Next, seek immediate medical attention. Even if your injuries seem minor, it’s critical to get checked out by a medical professional. Some injuries, like concussions or internal damage, may not be immediately obvious. Also, having a medical record will be important if you decide to file a report or claim later.

Step 2: Report the Incident to Your Employer

Once you are safe and stable, report the incident to your direct supervisor or your company’s Human Resources (HR) department. This is important for several reasons.

First, it creates a formal record of the incident and helps protect you from potential retaliation. It also allows the employer to launch an investigation.

If your employer has a standard incident report form, fill it out completely and honestly. Stick to the facts and avoid exaggeration or emotional language.

Write down a detailed account of the fight as soon as possible while the memory is still fresh. Include:

• Date, time, and location
• Who was involved
• What was said or done leading up to the altercation
• Any witnesses and their statements
• Whether there was video footage

This documentation can be invaluable if the situation leads to legal or employment consequences.

Step 3: Know the Legal Consequences

Know this: workplace fights can lead to criminal charges. Even if you didn’t start the fight, participating in a physical altercation can expose you to legal risks. You could face charges like:

• Assault and battery
• Disorderly conduct
• Harassment or intimidation
  
   

Whether you face charges may depend on factors like:

• Who initiated physical contact
• Whether you were acting in self-defense
• The severity of any injuries caused
  
   

Also know this: self-defense is not always a legal shield.

While you are allowed to protect yourself if you are attacked, self-defense has legal limits. To qualify as lawful self-defense, your response must typically be:

• Proportional to the threat
• Necessary to prevent further harm
• Not excessive or retaliatory

In other words, hitting someone once to stop an attack may be justifiable. Continuing to strike after the threat is gone may not be.

If law enforcement is called, remain calm and cooperative, but be careful about what you say. You have the right to remain silent and to consult an attorney before answering questions.

Step 4: Consider Workers’ Compensation if Injured

If you were injured during a fight at work, you may be eligible for workers’ compensation, even if the fight wasn’t directly related to your job duties.

When Does Workers’ Comp Cover Workplace Fights?

Workers’ compensation typically covers injuries that happen "in the course and scope of employment." However, fights can fall into a gray area. You may be covered if:

• You were attacked without provocation
• The altercation arose out of a work-related disagreement
• You were performing your job duties at the time
  
   

On the other hand, workers’ comp may not cover you if:

• You started the fight
• The dispute was personal and unrelated to work
• You violated company policy

An experienced workers’ compensation attorney can help determine your eligibility and file a claim on your behalf.

Step 5: Know Your Rights

Can you be fired for fighting at work? In most states, the answer is yes. Most employees are employed “at will,” meaning they can be terminated for any reason that is not discriminatory or retaliatory, including involvement in a fight.

However, wrongful termination may apply if:

• You were fired for defending yourself
• You were treated differently than the other person involved (they kept their job and you were fired)
• Your employer failed to investigate the incident fairly

Employers are legally allowed to set rules about workplace behavior, and many have zero-tolerance policies for violence. Be sure to review your employee handbook or HR policy to understand the specific expectations and consequences.

Step 6: Avoid Retaliation and Further Conflict

If the other party is still employed at your company, it’s important to avoid further contact or confrontation. Instructed by HR, you may be reassigned or scheduled separately. If you feel unsafe returning to work, document your concerns and share them with HR.

If the other person begins to harass or retaliate against you, whether in person or online, that could be grounds for legal action. Keep records of all communications and report the behavior immediately.

Step 7: Contact Morgan & Morgan

If you’re dealing with the aftermath of a workplace fight, especially if you’re facing injuries, legal trouble, or employment consequences, it’s a good idea to speak with a lawyer.

If you were injured and the employer denies your claim, our legal team can help you file a workers’ compensation or injury claim. We can advocate for your rights if wrongfully terminated, and negotiate settlements if the fight may result in a civil lawsuit. 

At Morgan & Morgan, our attorneys have decades of experience helping workers navigate complex legal issues. We’re here to listen to your story, investigate your case, and fight to get you the compensation and justice you deserve.

Frequently Asked Questions

What if I didn’t throw a punch but was involved in the fight?

Even if you didn’t get physical, being involved in a verbal or confrontational way could still result in disciplinary action from your employer. You should still report the incident, document everything, and speak with an attorney to understand your rights.

What if I was provoked?

Provocation can be a factor in determining whether your response was justifiable, but it doesn’t automatically excuse physical retaliation. The law typically expects individuals to de-escalate or remove themselves from conflict rather than engage in violence.

Can I sue my coworker for injuries?

Yes, in some cases, you can file a personal injury lawsuit against the individual who assaulted you. However, this depends on factors such as the extent of your injuries and whether the coworker has personal assets or liability coverage.

Will this affect my future employment?

Possibly. If you were disciplined or terminated as a result of the fight, future employers may see that on your record. It’s important to have a legal advocate help you clear your name if you were unfairly blamed or if charges were dropped.

Do I need a lawyer?

Getting into a fight at work can be scary, stressful, and legally complicated, but you don’t have to face the aftermath alone. Whether you were injured, wrongfully terminated, or are facing legal charges, there are steps you can take to protect your health, your rights, and your future.

At Morgan & Morgan, we believe everyone deserves access to justice in moments of crisis. If you’ve been involved in a workplace altercation and don’t know what to do next, we’re here to help.

Contact us today for a free, no-obligation case evaluation to learn more about your legal options.