Being assaulted at work is not just an “office issue” or an HR problem. In the Philippines, a workplace assault can lead to a criminal case, an internal disciplinary case, possible labor remedies, and even Employees’ Compensation benefits if the injury arose out of and in the course of employment. The first priority is your safety and medical care, but what you do in the first few hours and days can strongly affect your case.

This guide explains what to do after a workplace assault in the Philippines, what laws may apply, where to report, what documents to prepare, and how to protect yourself from common mistakes.

What Counts as Assault at Work in the Philippines?

In everyday language, “assaulted at work” usually means someone physically attacked, hurt, threatened, intimidated, or sexually violated you in a workplace setting.

Under Philippine law, the exact case depends on what happened. It may involve:

Situation	Possible legal issue
You were punched, slapped, kicked, shoved, or hit with an object	Physical injuries under the Revised Penal Code
You were threatened with harm	Grave threats, light threats, or other threats
You were forced to do or not do something through violence or intimidation	Grave coercion
You were touched sexually, cornered, kissed, groped, or subjected to sexual acts	Sexual harassment, acts of lasciviousness, or other sex-related offenses
Your employer ignored repeated violence or harassment	Possible OSH violation, constructive dismissal, damages, or labor complaint
The assault happened during work or because of work	Possible Employees’ Compensation claim

The workplace can include the office, factory, store, construction site, company vehicle, field assignment, work-from-home setting, work event, training, business trip, or any place where work is being performed.

Your Immediate Priorities After a Workplace Assault

1. Get to safety first

Leave the area if you can. Go to a secure room, guard post, clinic, nearby police station, barangay hall, or public place. If there is an immediate threat, call emergency assistance.

For emergencies in the Philippines, call 911 or go directly to the nearest police station or hospital emergency room.

Do not worry first about whether the incident is “serious enough.” If you were physically harmed, threatened, or feel unsafe, treat it seriously.

2. Seek medical treatment and ask for a medical certificate

Even if the injury looks minor, get checked as soon as possible. Bruises, sprains, head injuries, anxiety symptoms, and internal injuries may worsen later.

Ask the doctor or hospital for:

Medical certificate
Emergency room record
Medico-legal certificate, if available
Photos of visible injuries, with date and time
Prescription and receipts
Laboratory, X-ray, CT scan, or other test results

The number of days you are unable to work or need medical attendance matters because physical injuries under the Revised Penal Code are often classified based on the seriousness of the injury and the period of incapacity or medical treatment.

For example:

Injury result	Possible classification
No visible injury, but you were maltreated by deed	Slight physical injuries or unjust vexation, depending on facts
Incapacity or medical attendance for 1 to 9 days	Slight physical injuries
Incapacity or medical attendance for 10 days or more	Less serious physical injuries
Incapacity for more than 30 days, deformity, loss of use, or serious consequences	Serious physical injuries

3. Report the incident in writing to your employer

Make a written report to HR, your manager, security, compliance officer, or whoever handles workplace incidents.

Your report should include:

Date, time, and place of the assault
Name and position of the person who assaulted you
What exactly happened, in chronological order
Names of witnesses
CCTV locations, if any
Injuries and medical treatment
Whether you fear retaliation
Specific request for safety measures

Ask for a receiving copy, email acknowledgment, ticket number, or incident report number.

A verbal report is not enough. In real workplace disputes, one common problem is that the employee says “I reported it,” but the employer says “there was no formal complaint.” Put it in writing.

4. Preserve evidence immediately

Evidence disappears quickly in workplace assault cases. CCTV may be overwritten in a few days. Co-workers may resign or become afraid to testify. Group chats may be deleted.

Save:

CCTV details: camera location, date, time range
Photos of injuries
Photos of damaged items
Screenshots of messages, threats, or apologies
Emails or chat logs
Names and contact details of witnesses
Medical documents
Police blotter or barangay record
HR incident report
Time records showing you were at work
Leave forms and absence records after the incident

If CCTV exists, immediately send HR or management a written request to preserve the footage. Keep a copy of your request.

Philippine Laws That May Apply

Criminal Liability Under the Revised Penal Code

A physical attack at work may be prosecuted under the Revised Penal Code, depending on the injury and surrounding facts.

Common provisions include:

Article 263 – Serious Physical Injuries: when the assault causes serious consequences such as blindness, loss of speech or hearing, deformity, loss of use of a body part, or incapacity for work for more than 30 days.
Article 265 – Less Serious Physical Injuries: when injuries incapacitate the victim for labor or require medical attendance for 10 days or more.
Article 266 – Slight Physical Injuries and Maltreatment: when the injury causes incapacity or medical attendance for 1 to 9 days, or when there is ill-treatment by deed without serious injury.
Article 282 – Grave Threats: when a person threatens another with harm amounting to a crime.
Article 286 – Grave Coercions: when violence, threats, or intimidation are used to prevent someone from doing something not prohibited by law, or to force someone to do something against their will.

If the assault involved a weapon, multiple attackers, serious injuries, sexual acts, detention, or threats to kill, the case may be more serious than ordinary physical injuries.

Employer Duties Under Occupational Safety and Health Law

Employers in the Philippines have a duty to provide a safe and healthful workplace. Republic Act No. 11058, the Occupational Safety and Health Standards law, applies to establishments, projects, sites, PEZA establishments, and other places where work is undertaken.

The law is usually discussed in relation to accidents, machines, construction hazards, chemicals, and workplace conditions. But workplace violence can also become an occupational safety concern, especially if the employer knew of threats, ignored repeated incidents, failed to control a dangerous workplace situation, or allowed the victim and aggressor to continue working together without safeguards.

The current implementing rules were updated by DOLE Department Order No. 252-25, which revised the IRR of RA 11058 and took effect in 2025.

Practical safety measures may include:

Separating the victim and alleged assailant
Temporary reassignment without loss of pay or rank
Security escort
Work-from-home or alternative schedule, if appropriate
Preservation of CCTV and records
Administrative investigation
Written anti-retaliation reminders
Referral to medical or psychological support
Reporting of work accident or injury where required

Sexual Harassment and Gender-Based Workplace Harassment

If the assault involved sexual touching, sexual demands, stalking, unwanted sexual comments, or gender-based harassment, additional laws may apply.

Key laws include:

RA 7877 focuses on sexual harassment in employment, education, or training environments, especially where authority, influence, or moral ascendancy is abused. RA 11313 expanded protection against gender-based sexual harassment in streets, public spaces, online spaces, workplaces, and educational or training institutions.

A workplace sexual assault may also be a separate criminal offense under the Revised Penal Code, depending on the facts.

Civil Liability and Damages

Aside from criminal liability, the victim may claim damages under the Civil Code of the Philippines.

Important Civil Code provisions include:

Article 19: every person must act with justice, give everyone their due, and observe honesty and good faith.
Article 20: a person who, contrary to law, wilfully or negligently causes damage to another must indemnify the injured person.
Article 21: a person who wilfully causes loss or injury in a manner contrary to morals, good customs, or public policy must compensate the injured person.
Article 2176: a person who causes damage by fault or negligence may be liable under quasi-delict.
Article 2180: employers may be liable for damages caused by employees acting within the scope of assigned tasks, subject to defenses such as diligence in selection and supervision.

Civil damages may include actual damages, moral damages, exemplary damages, attorney’s fees, and other relief depending on the case.

Labor Rights When the Assault Happens at Work

A workplace assault may create labor law issues separate from the criminal case.

If the assailant is a co-worker

The employer should investigate and take appropriate action under company policy and due process.

If the employer disciplines or terminates the alleged assailant, the employer must still observe labor due process. Serious misconduct may be a just cause for termination under Article 297 of the Labor Code, but the employer generally must comply with notice and hearing requirements. The Supreme Court has repeatedly emphasized that dismissal must be supported by cause and due process, including in Agabon v. NLRC.

For the victim, the key point is this: HR cannot simply say, “We cannot do anything until the criminal case is finished.” A company administrative investigation has a different purpose and standard from a criminal case.

If the assailant is your supervisor, manager, or employer

This is more sensitive because the person who hurt you may have power over your job, schedule, appraisal, salary, or clearance.

Ask in writing for:

An impartial investigator or committee
Protection from retaliation
A temporary reporting-line change
Written instructions that the assailant must not contact you directly
Preservation of records and CCTV
Paid leave or safety accommodation, where justified

If your employer’s hostile conduct, abuse, demotion, or indifference makes continued work unbearable and forces you to resign, this may raise a constructive dismissal issue. The Supreme Court has described constructive dismissal as a situation where the employer creates unbearable working conditions that would make a reasonable employee feel forced to resign, including hostile behavior and humiliation in appropriate cases, as discussed in this Supreme Court announcement on constructive dismissal.

Do not resign impulsively if you can avoid it. A resignation letter saying “personal reasons” can make the labor case harder unless you have evidence showing you were forced to resign.

Step-by-Step: What to Do After Being Assaulted at Work

1. Get medical attention and documentation

Go to a hospital, clinic, or medico-legal unit. Tell the doctor the injury was caused by an assault at work.

Ask that the records clearly state:

Your injuries
Date and time of examination
Cause of injuries as reported
Required treatment
Estimated healing period
Days of incapacity, if any

Keep originals and make scanned copies.

2. Make a written incident report to HR or management

Send the report by email or submit a signed hard copy. Be factual. Avoid exaggeration. Use clear details.

Example wording:

“I am formally reporting that on 14 June 2026 at around 3:20 p.m., inside the stockroom of the Makati branch, Mr. X punched me on the left side of my face after an argument about delivery assignments. Ms. Y and Mr. Z were present. I suffered swelling and dizziness and went to ABC Hospital. I request that the company preserve CCTV footage from 3:00 p.m. to 3:40 p.m. and implement measures to prevent retaliation or further contact.”

3. Request safety measures

Depending on the facts, ask the company to separate you from the assailant while the matter is pending.

Possible requests:

Different shift
Different workstation
Security escort
No-contact instruction
Temporary remote work
Reporting-line change
Leave for medical recovery
Written anti-retaliation protection

Make clear if you are afraid of returning to work.

4. File a police blotter or police complaint

A police blotter is a record of the incident. It is useful, but it is not always the same as filing a criminal case.

Bring:

Valid ID
Medical certificate
Photos of injuries
Incident report
Witness names
Screenshots or messages
Company address and assailant details

Ask the police what the next step is: referral for medico-legal examination, preparation of sworn statement, filing with prosecutor, or direct filing depending on the offense.

5. Check if barangay conciliation is required

Some disputes must pass through barangay conciliation under the Katarungang Pambarangay system before going to court, especially if the parties live in the same city or municipality and the offense is punishable by imprisonment not exceeding one year or a fine not exceeding ₱5,000.

But many workplace assault cases are not suitable for barangay settlement, especially when:

The injuries are serious
The penalty exceeds barangay jurisdiction
The accused is under police custody
Urgent legal action is needed
The parties do not reside in the same city or municipality
The case involves offenses excluded by law or special circumstances

If the police, prosecutor, or court requires a barangay certificate to file action, attend the barangay proceedings but be careful about signing any settlement. A settlement may affect your later remedies.

6. File a complaint with the prosecutor when appropriate

For many criminal cases, especially those requiring evaluation of evidence, the complaint is filed with the Office of the City or Provincial Prosecutor.

The Department of Justice lists common requirements for filing a complaint for preliminary investigation, including an Investigation Data Form and a complaint-affidavit or sworn statement, as shown in the DOJ’s official page on filing a complaint for preliminary investigation.

Typical documents include:

Document	Purpose
Complaint-affidavit	Your sworn narrative of what happened
Witness affidavits	Statements from people who saw or heard the incident
Medical certificate or medico-legal report	Proof of injuries
Photos and screenshots	Supporting evidence
Police blotter or investigation report	Incident record
Company incident report	Workplace documentation
CCTV copy or preservation request	Objective evidence, if available
Valid IDs	Identity verification
Barangay certificate, if required	Proof of barangay proceedings or exemption

A complaint-affidavit must be sworn before a prosecutor, authorized officer, or notary public. Bring multiple copies because prosecutors usually require copies for the office file and each respondent.

7. Consider a DOLE, NLRC, or internal labor remedy

Use the labor route if the employer failed to act, retaliated, suspended you unfairly, forced you to resign, withheld wages, refused safe return-to-work arrangements, or dismissed you after you complained.

Possible forums include:

Concern	Possible office
Conciliation of labor issues	DOLE Single Entry Approach or NCMB SEnA
Illegal dismissal, constructive dismissal, damages arising from employment	NLRC Labor Arbiter
OSH concerns or unsafe workplace	DOLE Regional Office
Work-related injury benefits	SSS, GSIS, or ECC
Sexual harassment in employment	Internal committee, DOLE/NLRC depending on remedy, prosecutor for criminal aspect

Under the Single Entry Approach, a Request for Assistance may be filed by an aggrieved worker, group of workers, employer, union, kasambahay, or even an immediate family member with SPA in case of absence or incapacity.

8. File Employees’ Compensation benefits if the injury is work-related

If the assault happened while you were working, because of work, or during a work-related activity, check possible benefits under the Employees’ Compensation Program.

The Employees’ Compensation Commission explains that an injury is compensable when it results from an accident arising out of and in the course of employment. Benefits may include loss-of-income benefits, medical services, rehabilitation services, carers’ allowance, death benefits, and funeral benefits.

For private employees, claims are generally filed with the SSS. For government employees, claims are generally filed with the GSIS. EC claims generally must be filed within three years from the date of injury, sickness-related inability to work, or death.

Common Scenarios

“My co-worker punched me but HR wants us to settle internally.”

Internal settlement may resolve workplace discipline, but it does not automatically erase criminal liability. Do not sign a quitclaim, waiver, or “amicable settlement” unless you understand exactly what rights you are giving up.

“The company says there is no CCTV.”

Ask in writing who checked, what cameras were reviewed, and whether footage was overwritten. If the company unreasonably failed to preserve footage after notice, that fact may matter in later proceedings.

“I fought back. Can I still file a case?”

Yes, but expect the other side to claim self-defense or file a countercharge. Write down exactly what happened, including who started it, whether you tried to leave, and whether your actions were only to protect yourself.

“The assailant apologized and offered money.”

An apology can be evidence. Save the message. If settlement is discussed, put everything in writing and be clear whether the settlement covers civil claims, criminal complaint, workplace discipline, or only medical reimbursement.

“I am a foreign worker assaulted in the Philippines.”

Foreigners can report crimes in the Philippines and file complaints like Filipino victims. Bring your passport, visa/ACR I-Card if available, work documents, and local address. If documents from abroad are needed, they may require apostille or consular authentication depending on the country and document type.

“I am an OFW or employee abroad, but the employer is Philippine-based.”

The proper remedy depends on where the assault happened, who employed you, and whether the case involves overseas employment. You may need to coordinate with the Migrant Workers Office, DMW, Philippine Embassy or Consulate, local police abroad, and Philippine labor agencies.

Practical Timelines

Timelines vary widely by city, evidence, docket congestion, and cooperation of witnesses, but these are realistic working estimates:

Step	Usual timeframe
Medical examination	Same day to a few days
Police blotter	Same day
HR incident report	Same day to 3 days
CCTV preservation request	Immediately, ideally within 24 hours
Barangay conciliation, if applicable	Usually days to a few weeks
Prosecutor complaint preparation	A few days to several weeks, depending on documents
Prosecutor evaluation or preliminary investigation	Several weeks to months
Company administrative investigation	Often 1 to 8 weeks
DOLE SEnA conciliation	Commonly within a short conciliation period, but schedules vary
NLRC case	Several months or longer
EC claim processing	Varies depending on SSS/GSIS documents and medical evaluation

The most urgent deadline is usually evidence preservation, especially CCTV and witness statements.

Mistakes to Avoid

Do not delay medical examination.
Do not rely only on verbal HR reports.
Do not post accusations on social media while the case is pending.
Do not sign a settlement, quitclaim, resignation, or waiver under pressure.
Do not surrender original medical records without keeping copies.
Do not assume the police blotter automatically files the criminal case.
Do not ignore retaliation such as schedule changes, demotion, forced leave, or threats.
Do not exaggerate facts; credibility is critical.
Do not miss EC, labor, or criminal filing requirements.

Frequently Asked Questions

Can I file a criminal case if I was assaulted by a co-worker in the Philippines?

Yes. A workplace assault may be a criminal offense under the Revised Penal Code. Depending on the injury, it may be slight, less serious, or serious physical injuries. If there were threats, weapons, sexual acts, or coercion, additional charges may apply.

Is a police blotter enough?

No. A police blotter is only an official record that you reported the incident. To pursue criminal liability, you may need to execute a sworn statement, undergo medico-legal examination, and file or support a complaint with the prosecutor or proper court.

Should I report first to HR or to the police?

If you are in danger or injured, prioritize safety, medical treatment, and police assistance. You can report to HR as soon as possible afterward. For serious injuries, threats, weapons, or sexual assault, do not wait for HR before seeking police or medical help.

Can my employer refuse to act because the criminal case is still pending?

The employer should not ignore workplace safety just because a criminal case is pending. A company administrative investigation is separate from a criminal case. The employer may take reasonable interim safety measures while respecting due process.

Can I refuse to work near the person who assaulted me?

You can request reasonable safety measures, especially if there is a real risk of further harm or retaliation. Put the request in writing. Avoid simple absence without documentation, because the employer may later treat it as unauthorized absence.

What if HR pressures me to settle?

You may participate in discussions, but do not sign anything you do not understand. Ask for time to review the document. Be careful with broad language such as “full settlement of all claims, criminal, civil, labor, and administrative.”

Can I claim SSS or Employees’ Compensation benefits?

Possibly. If the injury arose out of and in the course of employment, you may have an Employees’ Compensation claim through SSS for private sector workers or GSIS for government workers. Keep medical records, incident reports, and proof that the assault was work-related.

Can the assailant be fired?

Possibly, if the employer proves just cause such as serious misconduct and follows labor due process. The employer should investigate, issue proper notices, allow the employee to respond, and impose a penalty proportionate to the offense.

What if I resigned because I was afraid to return to work?

If the resignation was not truly voluntary because the employer allowed unbearable or unsafe working conditions, there may be a constructive dismissal issue. Evidence is crucial: written complaints, ignored requests for protection, medical records, threats, and resignation circumstances.

Can a foreigner file a workplace assault complaint in the Philippines?

Yes. A foreigner who is assaulted in the Philippines may report to the police and file a complaint. Bring identification, immigration documents if available, medical records, and local contact details. If foreign documents are needed, authentication or apostille issues may arise.

Key Takeaways

A workplace assault in the Philippines can involve criminal, labor, civil, OSH, and Employees’ Compensation remedies.
Get medical treatment immediately and secure a medical or medico-legal certificate.
Report the incident in writing to HR or management and request evidence preservation, especially CCTV.
A police blotter is helpful but may not be enough to start a criminal case.
Physical injuries are classified based on severity, medical attendance, and incapacity for work.
Employers must take workplace safety seriously and cannot simply ignore violence because it is “personal.”
Be careful with settlements, waivers, resignations, and social media posts.
Keep copies of all records, receipts, reports, screenshots, and witness details.
If the injury happened because of work or during work, check SSS, GSIS, or ECC benefits.