What Are My Legal Options After Workplace Violence?

You thought today would be a work day like any other. Arrive at your usual time, do your job, and head home. Instead, violence at work left you with serious injuries, fears about the future, and worries about your health and livelihood.

Those who experience workplace violence often face more than just physical injuries. Post-traumatic stress can make it difficult to return to work. Navigating workers’ compensation can be a challenge. And getting your bills paid while you recover can feel daunting. 

Workplace Violence in South Carolina

The Occupational Safety and Health Administration (OSHA) estimates that 761 workers died in 2019 due to “intentional injury by another person” on the job. Over 20,000 people were injured by workplace violence that year. 

Workplace violence can take many forms. A worker may be injured by violence from another worker or a supervisor. Or the assailant might be a customer, client, or another business visitor. In some cases, workers are injured by violence from people who aren’t authorized to be on the property or in the area where the attack occurs. 

Forms of workplace violence that may occur include:

• Verbal abuse or threats
• Physical or sexual assault
• Homicide or attempted serious bodily injury
• Use of weapons
• Stalking or harassment

Certain risk factors make workplace violence more likely, according to OSHA. These include working in service and care industries, working in places that serve alcohol, and working in jobs that require frequent interaction with the public. However, no worker is completely safe from the risk of violence occurring while the worker is on the job, traveling for work, or on their employer’s premises. 

Workers’ Compensation and Workplace Violence

Workers’ compensation generally provides benefits for employees who suffer work-related injuries. In the case of many on-the-job accidents, proving the connection between your work and your injury is straightforward.

Workers’ compensation claims based on another’s violence can be more challenging. To receive workers’ compensation benefits, you must show that your injuries were related to work. The closer the connection between your work and the violence, the more likely you are to prevail on a workers’ compensation claim and get the benefits you need.

Examples of claims that workers’ compensation may cover include:

• An employee is injured when a customer they are helping becomes upset and attacks them. 
• A robbery occurs while an employee is on the job, and the robbers injure an employee during the robbery. 
• A healthcare employee is assaulted by a patient, experiencing injuries. 
• A co-worker or supervisor attacks an employee.

Workers’ compensation typically covers only employees. It does not cover independent contractors or gig workers. If you’re a contractor or gig worker, you may need to seek compensation through other means. 

Other Forms of Compensation for Workplace Violence Injuries

South Carolina requires its state agencies to create and enforce a “zero tolerance policy statement” covering acts or threats of workplace domestic violence. Many private employers also have zero-tolerance policies for violence. It is worth determining whether your employer has such a policy and, if so, what it states. 

In some cases, an injured worker can seek compensation from the party responsible for the injuries. For example, if you are injured when someone attempts to rob the place you work, you may be able to seek compensation from the person who committed the robbery. If you’re injured by a customer who attacks you, you may be able to file a lawsuit against that customer. Similarly, you may have a reclamación por daños personales against a co-worker who attacked you, as well as a claim for workers’ compensation benefits. 

Gig or day workers also have options. They may be able to sue the company that hired them if a dangerous co-worker had a criminal background that was not checked. The same could be said if an independent contractor was knowingly placed in a dangerous environtment and was not alerted to the potential dangers.

Navigating your options after workplace violence can be challenging. Several hurdles may arise. For example, the workers’ compensation insurer may argue that you’re not entitled to benefits. You may not know the identity of the person who attacked you. If you do know the person, they or their associates may pressure you to “let it go” rather than to seek compensation. Criminal charges may be filed, and police and prosecutors may expect you to participate in that case. 

On top of these challenges, you may struggle to recover from lesiones graves. You may not know which you fear more: being unable to work again or having to go back to the workplace where you were attacked. You may face uncertainty, wondering how you’ll support your family or when you can return to your usual activities.

If you’ve suffered injuries from violence at work, talk to the experienced South Carolina workplace injury attorneys en el Steinberg Law Firm today. We offer consultas gratuitas y sin honorarios hasta que cobremos la indemnización para ti.