[CO] Do I have legal grounds to sue a coworker for assault?


August 7, 2025 23 9

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I would like to know if I have enough evidence to press charges and sue someone for assault?

I'm sorry to hear about the situation. Can you tell me more about what happened?

I was assaulted at work by another employee. He was grabbing me inappropriately and wrestling me without my consent.

Have you already reported the assault to the police or sought medical attention?

No.

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your assault case.

Yes.

Andres Sanchez

Hello, my name is Andres Sanchez and I’m an attorney with 20 years of experience. What state are you in?

I live in Colorado.

Andres Sanchez

I’m sorry you had to go through this.

Andres Sanchez

Based on what you've described—being grabbed inappropriately and wrestled without your consent—you likely have sufficient grounds to explore both criminal charges and a civil lawsuit for assault in Colorado.

Criminal Charges (Assault in Colorado)

Colorado’s law includes knowingly or recklessly causing physical contact—or attempting to—without consent (CO Rev Stat § 18-3-2049(1)(a)). If you file a police report, the District Attorney’s office may pursue charges such as:

  • Assault
  • Harassment
  • Disorderly conduct

You don’t personally “press charges”—that’s up to the prosecutors.

You should preserve any evidence you have:

  • Photos of injuries
  • Witness statements (e.g., co-workers)
  • Incident reports filed with your employer
  • Messages or emails documenting the incident

Civil Lawsuit (Personal Injury)

You can also sue the individual (and possibly your employer) for damages.

To build a case:

  • Prove intentional, non-consensual physical contact
  • Demonstrate harm (physical or emotional)
  • Show a direct connection between the contact and your harm

You can seek:

  • Compensation for medical bills, emotional distress, lost wages
  • Punitive damages if the assault was especially malicious

Evidence to gather:

  • Medical records
  • Witness accounts
  • Internal incident reports
  • Emails or texts before/after the event

Statute of Limitations (Colorado)

So the first step is to report the incident to the police?

Andres Sanchez

Yes, you should report it to the police and provide all evidence you have.

If you’ve suffered injuries, it’s very important to see a doctor so they can document your condition.

I would also like to know if I have enough evidence to pursue legal action against my employer for not terminating the employee.

Andres Sanchez

You might, depending on whether the employer knew about the conduct and failed to act. A personal injury or employment law attorney can help you assess employer liability.

I haven’t seen a doctor yet. Should I set an appointment? Is urgent care sufficient?

Andres Sanchez

Yes, urgent care is sufficient. Any medical attention will help document the harm. Even if the injuries seem minor, documentation is key for both criminal and civil cases.

Okay, at which point should I determine if I need to hire a lawyer?

Andres Sanchez

You would need a lawyer if you decide to file a civil lawsuit.

Do you have any recommendations on who I can speak to?

Andres Sanchez

Your best resource is the Colorado Bar Association website. You can search for attorneys who specialize in personal injury or employment law near you.

Okay, sounds good. I think that answers all of my questions. Thank you.

Andres Sanchez

You're welcome. I hope everything works out for you.