The Occupational Safety and Health Administration (OSHA) defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” This wide definition includes threats and violent acts alike.
If you’ve been a victim of workplace violence or assault, reach out immediately to a workers’ compensation attorney at PLBH on (800) 435-7542.
Typical Instances of Workplace Violence
Workplace violence may manifest in several forms, such as:
- Violent actions related to theft or robbery at the workplace
- Physical harm to an employee caused by a client, customer, visitor, or recipient of any service
- Cases of domestic violence or abusive encounters at the workplace
- Discriminatory threats or violent acts against individuals based on race, religion, etc.
- Sexual assault
OSHA categorizes these violent actions into four distinct groups:
- Criminal Intent: Violence resulting from any individual – be it an employee, former employee, or non-employee – entering the workplace intending to commit a violent act.
- Violence from Service Recipients: If a service recipient, such as a patient, client, or customer, attacks you, it’s categorized as workplace violence.
- Violence between Co-workers: Workplace violence can occur if a colleague, former colleague, or anyone else in your professional circle threatens, attacks, or harms you.
- Private or Personal: This form of workplace violence can result from personal conflicts, such as domestic disputes or disputes between friends that turn violent within the workplace.
Accessing Workers’ Compensation Following Workplace Violence
While all forms of workplace violence are alarming, not all incidents may qualify for workers’ compensation. It’s critical to consult with a knowledgeable workers’ comp attorney in such cases.
You typically need to prove that the violence you experienced was related to your work. For instance, violence that occurs in the context of a personal romantic relationship, despite happening at the workplace, might not make you eligible for workers’ compensation benefits. However, if the violent incident involved co-workers or a superior and a subordinate employee, or was associated with service recipients, workers’ compensation could be a possible recourse.
Bear in mind that if you’re proven to have initiated the altercation with a client or a fellow employee, you may not qualify for workers’ comp.
Securing Workers’ Compensation for Workplace Violence
Should you be a victim of workplace violence, seek immediate medical attention and secure official documentation of the injuries sustained and the associated costs. You should also promptly inform your employer about the incident and your injuries. We generally advise that you do so as soon as possible, but no later than 30 days post-incident.
Following this, it’s crucial to secure legal representation. Call PLBH at (800) 435-7542 to consult with a seasoned workers’ compensation lawyer.