Can I Get compensated After a Workplace Violence Incident?
Your workplace can be a haven most of the time, but it can also be a dangerous place. You can get hurt when using tools and equipment, in road accidents, or on slippery floors – but there is one hazard that people have ignored for a long time – workplace violence.
Since you are working with other people and meet with others who visit the company, workplace violence is possible. Since you are injured in your place of work, you need to get compensated for your injuries and resulting losses.
OSHA defines this as any act or threat of physical violence at the workplace.
Studies show that more than 2 million workplace violence incidents were reported in 2021 alone. This number is way higher than this because many cases go unreported.
Let us look at some of the common types of workplace violence that might occur:
Assault by Criminals
This is common in places where there is cash in huge amounts and security is low. Criminal assault occurs when people from outside come in to rob the place. For instance, when robbers hit a business and demand cash. During such a hold-up, employees can get injured.
Some of the common places prone to criminal assault are pawn shops and banks. Another example is when gunmen hold a store clerk at gunpoint while they steal money from the register.
Statistics put robbery as the top cause of work-related homicide, accounting for more than 80 percent of fatalities. Those at risk are the ones that work late-night shifts, handle huge sums of money or work alone.
Unpleasant Clients and Customers
You have seen them – clients that take every opportunity to complain about your services. At times, a client might come with the sole aim of causing chaos at the workplace due to delays in delivering their orders or poor service.
Normally, a client storms the workplace and starts throwing anything they can get their hands upon. This also happens when the client is denied a certain service. Rage and anger are the most common cause of this type of violence.
One of the most common examples is when an enraged restaurant customer throws utensils at a waitress for getting their order wrong.
Employee to Employee Violence (Lateral Violence)
The moment various people come together to work, differences are likely to arise. The violence can be between managers and subordinates or subordinates versus subordinates.
A common scenario occurs when a manager reprimands an employee over a poor job done, leading to an altercation. We have also seen employees that cannot be corrected and always resolve their issues using violence. At times, workers compete against each other and feel the only way to resolve this is through violence. This is also common when a co-worker steals a client from another worker, as seen among salespeople.
A domestic partner sometimes comes to the workplace and assaults a worker within the premises. Domestic violence doesn’t only happen in the home; at times, it happens at the workplace because this is where the worker is at certain times.
Does Workers Comp Cover Workplace Violence?
The law requires every employee to provide workers’ compensation insurance for workers, even if it is only one employee. The aim is to cover expenses and losses that are caused by any incident at the workplace.
Workers comp, fortunately, covers workplace violence regardless of who is at fault. This means you can file for compensation if the violence was perpetrated by your co-worker, boss, contractor, customer, or anyone near you when performing your duties. What matters is the motive behind this attack. If the attack is related to your work, this is covered by workers comp. However, if it is a personal issue, it is not covered even if it takes place at the workplace.
Do You Need to File a Claim for Compensation?
If you have been injured in a workplace violence situation and don’t know whether it is covered by workers comp, it is wise to speak to a Miami workers comp lawyer to determine whether you have a valid claim. He then guides you on what evidence you need to file the claim and get compensated. Call us today to enjoy expert legal representation.