I Was Injured Due to Workplace Violence. Can I File a Claim?

Workplace violence is often mentioned in the news. If you are hurt while on the job because of workplace violence, such as a disgruntled employee or a robber, you may still be eligible for workers’ compensation benefits. Workers’ compensation insurance is offered by most U.S. employers to protect their employees while they are on the job.

Workers’ comp offers medical benefits and reimburses for some of the wages that are lost while the worker recovers.

Alarming Statistics

Workplace violence is a legitimate concern as it is an occupational hazard. According to the Bureau of Labor Statistics National Census of Fatal Occupational Injuries, assaults and violence were the second-leading cause of fatalities of employees during 2011, which equaled 18% of the deaths and totaled 780 people.

The National Council on Compensation Insurance (NCCI) found that injuries resulting from criminal acts ranked second in medical and indemnity costs behind auto accidents.

Filing Your Workers’ Comp Claim

If you are injured in an act of workplace violence, you should report it to your supervisor immediately. Explain what happened in detail. You should also get immediate medical treatment and call 911 to file a police report and to get an ambulance if your injuries are serious.

Filing a workers’ comp claim is complex and requires detailed answers and the proper evidence to support your case.

A workers’ comp attorney can be beneficial with your workers’ comp claim resulting from workplace violence. An attorney is familiar with the entire process and can file any appeals or provide additional details to your employer and the insurance company as it is needed.

If a claim is denied on final appeal, you may be able to file a lawsuit to earn compensation for your lost wages and medical expenses.

Workplace Violence Lawsuits

A lawsuit was filed a Minneapolis business because of workplace violence. The lawsuit alleged that the interior signage company was “grossly negligent” in handling an employee’s termination. That employee came into his place of employment on September 27, 2012 and killed six coworkers and wounded two others after managers terminated him from his job. The employee then killed himself.

The terminated worker had been given a written reprimand the week before. When managers fired him, he immediately pulled out a concealed handgun and opened fire. The lawsuit alleged that the employee suffered from mental illness but had refused treatment.

The suit further alleged that the company was aware of the shooter’s mental condition and shouldn’t have given the employee advance notification of his termination meeting and allowed him to go to his car before going into the meeting room.

The wrongful death lawsuit against the business was settled in 2013 for an undisclosed amount. The family of the worker who was killed argued that the company should have taken special precautions and had extra security on duty for the firing.

The argument also said that the worker shouldn’t have been given the opportunity to retrieve his gun from his vehicle as giving him advanced warning of his termination was negligence on the company’s behalf.

If you have been a victim of workplace violence, you should consult with a workers’ compensation attorney.

Workers’ comp lawyers are experienced in handling these complex claims from the initial filing to the settlement negotiations.