Workplace violence

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Workplace violence resulting in injury or death may entitle you or your family to workers' compensation benefits. These benefits cover medical expenses, lost wages, and other costs associated with the incident. To be eligible, the violence must have occurred while you were performing your job duties or at your place of employment. Proving a claim requires evidence such as police reports, medical records, and witness statements. An experienced attorney can help you navigate the process and protect your rights.

Understanding Workers' Compensation for Workplace Violence

Workers' compensation for workplace violence applies when an employee is injured or killed as a result of violence that occurs while they are performing their job duties or at their place of employment. This can include physical assaults, verbal threats, sexual assault or harassment, stalking, or active shooter situations.

To be eligible for workers' compensation benefits, the following requirements must be met:

  1. The violent incident must have occurred in the course and scope of employment.

  2. The injury or death must be the direct result of the workplace violence.

  3. The victim must be an employee, not an independent contractor.

  4. The employer must have workers' compensation insurance or be self-insured.

Proving a Workers' Compensation Claim for Workplace Violence

To prove a workers' compensation claim related to workplace violence, you or your family should gather the following evidence:

  1. Police reports and incident reports that document the violent event.

  2. Medical records that detail the injuries sustained and treatment received.

  3. Witness statements from coworkers or others who witnessed the incident.

  4. Security camera footage, if available, that captures the violent event.

  5. Documentation of any previous threats or violent behavior by the perpetrator, if applicable.

Reporting the incident to your employer and seeking medical attention promptly is crucial. An experienced workers' compensation attorney can assist you in gathering the necessary evidence and building a strong case for benefits.

Legal Process for Workers' Compensation Claims Related to Workplace Violence

A lawyer representing a client who meets the requirements for workers' compensation due to workplace violence will typically follow this legal process:

  1. Initial consultation: The lawyer meets with the client or their family to discuss the incident, injuries, or loss and determine the viability of a workers' compensation claim.

  2. Investigation: The lawyer gathers evidence to support the claim, such as police reports, medical records, witness statements, and security footage.

  3. Claim filing: The lawyer helps the client or their family file a workers' compensation claim with the appropriate state agency and the employer's insurance carrier.

  4. Negotiation: The lawyer negotiates with the insurance company to secure fair compensation for medical expenses, lost wages, burial costs, and other applicable benefits.

  5. Hearings and appeals: If the claim is denied or disputed, the lawyer represents the client or their family at hearings before a workers' compensation board, arguing the case for benefits.

  6. Settlement or award: If the claim is successful, the lawyer ensures that the client or their family receives the appropriate settlement or award, which may include ongoing medical benefits, disability payments, or death benefits.

In some cases, the lawyer may also explore the possibility of a third-party liability claim if the violence was caused by someone other than the employer or a coworker. Throughout the process, the lawyer provides guidance, support, and representation to ensure that the client's rights are protected and that they receive the compensation they deserve for the workplace violence incident.

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