If you have been a victim of sexual assault at work, you deserve compensation for your loss of enjoyment in life and feeling unsafe or harassed in your workplace. No one should have to suffer this type of abuse, but sadly, thousands of Australians experience offences of a sexxual nature at work every year. At Gerard Malouf & Partners, we work to get you the compensation you’re entitled to.
According to the Australian Human Rights Comission, Employers have a responsibility to take steps to prevent sexual harassment in employment. If an employer fails to implement a sexual harassment policy and provide training or information on sexual harassment, leading to a failure to keep sexual harassment from occurring, they can be held liable for sexual offences leading to offended, humiliated or intimidated employees.
There are several different forms of compensation that can be sought if you have been a victim of sexual assault at work.
You can pursue a claim through Victim Services for a recognition payment, which is typically reserved for when other avenues of seeking compensation through a federal court have failed. These recognition payments are intended to help compensate victims who have few other forms of redress. If you cannot bring a claim for compensation in a federal court, or win no award, you can apply for compensation under this program.
The first thing to do is to report a sexual assault to the police, as there may be a criminal case as well in cases of assault or rape. The second thing to do is to call sexual assault lawyers, like the team at Gerard Malouf & Partners. We will compassionately and sensitively handle your civil case, while working hard to get you the maximum compensation you are due.
If the sexual assault happened at work or at the hands of a co-worker or employer, there may be several different claims which can be brought against different parties. Don’t hesitate to report. If you’re being sexually harassed or assaulted at work, it’s likely you’re not alone.
A sexual assault that is a crime against your person should be immediately reported to authorities. You should also report to your employer, and the Australian Human Rights Commission. Then call our office and ask for help. No-one should be sexually assaulted at work or at a work function by a coworker.
We can help you bring a claim both against your assaulter and your employer if they allowed an environment where this could happen and didn’t take reasonable action to guarantee a safe workplace for you. Sexual assault can result in a personal injury claim with loss of income as well as pain and suffering plus aggravated damages.
The Australian Human Rights Commission notes that any of the following can be identified as sexual harassment in the workplace:
If any of these apply, you can file a claim with the Commission. We can help you navigate the process and gather the information and proof you need to have your claim favorably received. You may qualify to seek compensation through Victim Services, ther National Redress Scheme, and/or a workers’ compensation claim.
After allowing herself to be photographed for a campaign for spine safety, she was mortified and couldn’t face co-workers after her image was posted near the men’s toilets with suggestive text that implied a sexual component. She was awarded $200,000 for her economic loss and pain and suffering.
The more proof there is of ongoing assaults or harassment and the higher the loss of income due to assault in a workplace, the higher the typical payout.
Other indirect payments include:
You will need to make a complaint to the Commission under the Sex Discrimination Act as soon as possible, as time limits may apply in certain cases. Time limits may be as short as six months after the incident for workplace sexual harassment claims. Then seek legal advice to help you get the maximum compensation for your losses.
Victims of sexual assault in the workplace may be intimidated or fear loss of employment. Our legal service includes pursuing damages for loss of income due to being fired or unable to continue working at your place of employment.
We offer no-win, no-fee legal service for victims of sexual harassment and sexual assault in the workplace. Contact Gerard Malouf & Partners today.