When you think of workers’ compensation and injuries in the workplace, you may think of accidents such as getting hit by a vehicle or tripping and falling. However, employees can also get injured by intentional acts such as workplace violence.
Workplace violence refers to any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs while at work, whether inside or outside. It can involve employees, customers, clients, visitors, or others connected to the business. Workplace violence can range from verbal abuse and threats to physical assaults and even homicide.
Some examples of workplace violence include:
- Physical violence. Hitting, pushing, or other physical aggression.
- Verbal abuse. Threats, shouting, or intimidation.
- Harassment. Persistent offensive behavior, including sexual harassment.
- Psychological abuse. Bullying, stalking, or other actions that harm mental health.
Workplace violence can take many forms, including:
- Criminal activity. This might happen if someone tries to vandalize or rob a company or worksite.
- Customer violence. This is common when a customer has a disagreement with an employee, and the situation escalates and becomes violent.
- Domestic violence. This occurs when an abusive spouse or partner arrives at their partner’s place of work and becomes physically aggressive.
- Active shooters. Disgruntled employees may return to the job armed with firearms and shoot at others out of frustration.
Workplace violence is a disturbing issue. Across the country, incidents of workplace violence are on the rise. Acts of violence can occur in any industry, so the Florida workers’ compensation system must be flexible in how it responds to the wide array of potential physical and mental injuries that may arise.
However, there are various defenses that employers and insurance companies may raise to contest an employee’s right to recover benefits. When a workplace injury involves violence, there are four common defenses:
- The claimant’s injury did not arise out of the course and scope of their employment.
- The claimant’s injuries arose out of a deviation from employment.
- The claimant was the aggressor and is precluded from recovering benefits.
- The claimant’s mental injuries or physical manifestations of mental injuries are not compensable.
While a victim of workplace violence is typically entitled to workers’ compensation benefits, there needs to be solid proof. For example, the injured worker must be able to prove that the attack occurred while in the scope of their employment. However, the injured worker must be able to demonstrate evidence that the incident occurred while they were performing their work-related duties. A worker who was hurt by a third party in the course of employment may be able to file a personal injury claim against the attacker as well. Such a lawsuit can help you obtain compensation for pain and suffering, emotional distress, and other damages. However, in most cases, an injured worker is barred from receiving benefits if they in any way provoked the attacker to assault them.
Workers’ compensation benefits may cover the following:
- Medical expenses. Workers’ compensation will cover the cost of medical treatment for your injuries, including hospitalization and surgery.
- Lost wages. If you are unable to work because of your injuries, workers’ compensation will replace a portion of your lost wages.
- Permanent disability. If your injuries result in a permanent disability, such as paralysis or the loss of a limb, workers’ compensation will provide benefits.
- Death benefits. If you are killed due to workplace violence, workers’ compensation will provide compensation to your surviving spouse and dependent children, if applicable.
What Causes Workplace Violence?
- Stressful work environments
- Conflicts between coworkers or with management
- Customer or client dissatisfaction
- Personal issues brought into the workplace
- Unaddressed harassment or bullying
Where Does it Happen?
Violence can happen in any workplace. However, it is very common in the healthcare field. This was especially true during the pandemic.
Violence against healthcare workers has been on the rise for the past decade. It happens frequently in hospital emergency departments, where there is a combination of large patient volume, high stress levels, emotionally difficult situations, and staff shortages. All these factors create tension and frustration, which can quickly escalate to threats and violence.
The rate of serious workplace violence incidents is four times greater in the healthcare field than in other fields. A study showed that during the COVID-19 pandemic, 44% of nurses had experienced physical violence, while 68% experienced verbal abuse.
However, workplace violence in hospitals is underreported for a variety of reasons. Victims fear retaliation. They may not know how to report it. Some also dismiss it as a typical workforce hazard.
Contact Us Today
The workplace can be dangerous, from accidents to violence. When workers are injured, they need to have avenues for compensation.
If you have been intentionally or accidentally harmed in the workplace, seek legal help from the team at Brill & Rinaldi, The Law Firm. We have the experience you need and will help you understand your legal options. We will work hard to obtain the maximum compensation available to you. Fill out the online form or call (954) 876-4344 to schedule a consultation. We have offices in Weston, Coral Gables, and Daytona Beach.