From time to time a workplace violence injury is widely reported. This could be caused by a disgruntled, sacked employee who returns to work with a gun and opens fire and injures a few people. When an employee is injured physically or emotionally due to violent threats at work, what action can be taken? Federal law states that employers are legally required to keep the work environment safe so that there are no hazards present that are likely to cause an injury. In some circumstances you may be eligible for worker’s compensation to cover these unexpected injuries that were not your fault. Workers’ Compensation May Cover Injuries From Workplace Violence If you have been physically or even emotionally injured due to violence in the workplace you may be eligible to receive workers’ compensation benefits. Overall, any violent act is most likely to have taken place at work while you were undergoing a work related job. For example: robbery at gun point of a store worker; a client attacks a care worker in his/her home; a patient attacks a psychiatric nurse; students injure a teacher while a fight was taking place between rival students. When a decision is being made about a WC claim, the court must decide if the victim’s job influences the person’s risk of violence. It will also establish if you have reported the matter to your supervisor within 24 hours of this taking place. If you did, a calculation will take place for the amount of award you are going to receive based on current wages and all medical treatment. The best way to ensure you file a valid WC claim is to discuss the case with a WC attorney first. Calculating the Value of a Workplace Violence Injury Your employer’s insurer may calculate the value of your WC claim based on the violence leveled against you. This could include compensation for the cost of your medical treatment and the wages you have lost while recovering at home unable to work. If you have been disabled as a result of this violence a calculation may be made to include that as well. Your income under workers’ compensation is calculated based on two thirds of what you got when you last worked. You should avoid taking the calculated sum as a lump sum payment as your situation regarding your workplace violent injury may change and you may not recover as quickly as previously thought. This will mean you will not have sufficient compensation to cover yourself. Why You Need a WC Attorney There is never a guarantee that your WC claim will be successful if you file it yourself. An experienced WC attorney is more likely to reach the right WC settlement on your behalf. Additional Resources Workplace Violence and Workers' Compensation I Was Injured Due to Workplace Violence. Can I File a Claim?
