Workers Compensation for Workplace Violence
Workplace violence is on the rise in the U.S. The Occupational Safety and Health Administration (OSHA) reports that more than 700 people nationwide died from workplace violence incidents in one recent year. Unsurprisingly, these incidents frequently cause severe injuries. Yet many injured workers encounter trouble with their workers’ comp claims because their employers misunderstand or misapply the law.
The North Carolina workers’ compensation lawyers at Hardison & Cochran know you need financial help after a workplace violence incident and can help you seek your rightful benefits. If you were assaulted at work, compensation can cover your medical bills, part of your lost wages, and more. Depending on the circumstances, we can also help you file a personal injury claim against your attacker to pursue additional compensation. Call now or complete our contact form for a free consultation.
Understanding Workplace Violence
OSHA and the Centers for Disease Control and Prevention (CDC) define workplace violence as any act or threat of physical violence, intimidation, harassment, or other menacing behavior at a work site. These acts or threats can occur among coworkers, managers, customers, clients, or anyone else visiting a business or job site.
It’s always best to talk to a lawyer if you have questions about whether your incident qualifies as workplace violence.
When Workplace Violence Is Covered by Workers’ Compensation in NC
There are three primary conditions injured workers must meet to claim workers’ comp benefits after a workplace violence incident:
- At work – The incident must have happened at the employee’s workplace or job site while performing job duties during work hours. For example, if one coworker attacks another while working at their shared office building, the victim might recover workers’ comp benefits. However, if the coworkers fought outside of work, neither employee would likely qualify for benefits.
- Related to the job – An employee who suffered workplace violence injuries must also show that the fight arose due to the conditions of their work. For instance, if two coworkers disagree on how to perform a task and it escalates to physical violence, the victim might qualify for benefits. A nurse who is attacked by an upset patient or a cashier assaulted during a store robbery may also be entitled to workers’ comp. On the other hand, a worker likely would not qualify for benefits if the attack resulted from a personal disagreement unrelated to their job.
- Not the aggressor – The act of workplace violence must also be unexpected and not planned or started by the injured worker. An employee who starts a fight likely does not qualify for workers’ compensation benefits. These cases can become muddled if there is no clear evidence of who instigated the fight.
Proving all three of these aspects isn’t simple. Contacting a workers’ compensation lawyer immediately after a workplace violence incident is crucial for protecting your legal rights.
Types of Benefits Available for Workplace Violence Victims
If you were attacked at work, your compensation through a workers’ comp claim could include the following benefits:
- Full coverage of all reasonable medical treatments related to your injuries
- Temporary total disability benefits if your injuries fully prevent you from working
- Temporary partial disability benefits if you can work in a limited capacity while you heal
- Permanent partial disability benefits if your injuries lead to a lasting impairment of a body part
- Permanent total disability benefits if your injuries are so severe that they completely prevent you from working again
Filing a Workers’ Compensation Claim for Workplace Violence
When you hire the attorneys at Hardison & Cochran to handle your case, we will file your workers’ compensation claim for a workplace violence injury for you. Here are the basic steps involved so you can stay aware of what’s happening with your case:
- Notify your employer. The first step in any workers’ comp claim is to notify your employer. Submit your report in writing so there’s a clear record for your claim, and make sure you do it within the 30-day deadline. Also, avoid discussing who started the fight to protect your rights.
- File your claim. Starting the formal claims process is different from reporting your injury. You must submit Form 18 to the North Carolina Industrial Commission within two years of your injury.
- Receive a decision from your employer. Your employer and their workers’ comp provider will review your claim, medical records, and other evidence to determine whether you qualify for benefits. If your employer denies your workplace violence claim, you can submit an appeal – though you should seek help from a lawyer.
How Hardison & Cochran Can Help Workplace Violence Victims
If you were injured in a workplace assault, the North Carolina workers’ comp lawyers at Hardison & Cochran have over 40 years of legal experience we can put to work for your benefit. We can handle everything in your workers’ comp claim, from filing your initial claim paperwork and documenting your injuries to gathering evidence showing how the fight happened and who started it. If your employer denies your claim, we can file an appeal with the state to help you pursue your rightful benefits.
In some cases, we can also help you file a workplace violence lawsuit against your attacker to seek additional compensation. A personal injury claim lets you seek compensation for losses that workers’ comp doesn’t cover, such as your pain and suffering, providing more resources to heal and move forward.
We’ve recovered substantial compensation for injured North Carolina workers, including a recent case where we recovered over $600,000 for a client who was attacked and shot at their job. These results have earned us rave reviews from our clients, such as this recent testimonial:
“Hardison & Cochran help me with a work related injury. They walked me through every step. They were very caring and professional. I would recommend them to anyone who wants great representation. Thank you for all you’ve done for me Hardison & Cochran.” – Doris C.
Let our caring and dedicated team help you demand fair compensation for a workplace violence injury. Call Hardison & Cochran today or complete our contact form for a free consultation.
