Workplace violence is a serious issue that can have devastating consequences for victims. Employees have legal rights and protections in place to address instances of workplace violence and seek justice for injuries and damages caused by such incidents. This blog explores the legal rights of victims of workplace violence, including their entitlement to compensation and avenues for seeking recourse under the law.
Understanding Workplace Violence
Workplace violence encompasses a range of behaviors and actions that threaten the safety and well-being of employees. It can include physical assaults, threats, harassment, bullying, or intimidation that occur in the workplace or are work-related. Common forms of workplace violence may involve:
- Assaults by colleagues, supervisors, or customers
- Verbal threats or intimidation
- Harassment and stalking
- Physical altercations or attacks
Legal Protections Against Workplace Violence
Employees are protected by various laws and regulations that address workplace safety and security, including protections against violence. Some key legal protections include:
- Occupational Safety and Health Administration (OSHA): OSHA requires employers to provide a safe and healthy work environment, including protection from workplace violence. Employers must assess and mitigate risks of violence in the workplace.
- Workers’ Compensation: Victims of workplace violence may be eligible for workers’ compensation benefits to cover medical expenses, lost wages, and disability resulting from injuries sustained during the incident.
- Employment Laws: Federal and state employment laws prohibit discrimination, harassment, and retaliation based on protected characteristics such as race, gender, religion, or disability. Workplace violence motivated by discriminatory factors may violate these laws.
- Civil Lawsuits: Victims of workplace violence may pursue civil lawsuits against perpetrators and employers for negligence, premises liability, or intentional torts resulting in injuries.
Legal Rights of Victims
If you are a victim of workplace violence, you have the following legal rights:
- Right to a Safe Workplace: Employers have a legal duty to take reasonable steps to prevent workplace violence, such as implementing security measures, providing training on violence prevention, and promptly addressing complaints of harassment or threats.
- Right to Report Incidents: You have the right to report incidents of workplace violence to your employer, HR department, or law enforcement without fear of retaliation.
- Right to Workers’ Compensation Benefits: If you are injured due to workplace violence, you have the right to file a workers’ compensation claim for medical treatment, disability benefits, and wage replacement.
- Right to File a Lawsuit: Victims of workplace violence may file civil lawsuits against perpetrators and employers for damages resulting from injuries, emotional distress, and lost wages.
Steps to Take After Workplace Violence
If you are a victim of workplace violence, take the following steps to protect your legal rights:
- Seek Medical Attention: Immediately seek medical treatment for any injuries sustained during the incident.
- Document the Incident: Keep a detailed record of the incident, including dates, times, witnesses, and any communications (emails, texts) related to the incident.
- Report the Incident: Report the incident to your employer, HR department, or supervisor as soon as possible. Follow your company’s procedures for reporting workplace violence.
- Consult with an Attorney: Contact a knowledgeable employment law attorney who specializes in workplace violence cases. An attorney can assess your situation, explain your legal rights, and guide you through the process of seeking compensation.
Contact Alan Ripka & Associates Today
If you have been a victim of workplace violence, Alan Ripka & Associates is here to help protect your legal rights and pursue justice on your behalf. Our experienced team of employment law attorneys understands the complexities of workplace violence cases and will advocate tirelessly for your rights. Contact us today for a consultation to discuss your case and explore your legal options.
