Workplace Violence: Does Workers’ Compensation Cover It?

If you’ve been injured due to a violent act by an employer, customer, or fellow employee, hiring a competent Atlanta workers’ compensation lawyer will help you get the compensation you deserve.

People rarely think about getting injured while working. Yet, depending on the nature of the job, one could get injured as easily as if they were standing on the sidewalk at a busy intersection. Recognizing this, federal and state laws in the United States require most employers to provide workers’ compensation for their employees.

This ensures that employees always receive compensation for medical bills and lost wages when they get injured on the job. Simultaneously, it prevents employers from getting sued by their employees, potentially saving them a significant amount of money. However, workers’ compensation does not cover all injuries or compensates for all consequences that may arise due to the injury.

For example, while it covers medical costs and lost wages, an injured employee cannot receive compensation for pain and suffering. On the other hand, since workers’ compensation usually covers injuries sustained while working, you may wonder if this includes injuries caused by workplace violence.

We’ve written this article to provide you with some answers. In it, we discuss workplace violence, who is more prone to it, and when you can receive compensation for workspace violence injuries.

What Is Workplace Violence?

According to the United States Department of Labor, workplace violence refers to any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the worksite. This includes verbal abuse, threats, homicides, and even physical assaults. While it may feel like a rare occurrence, it is one of the most common causes of occupational injuries in the United States.

Who Is At Risk of Workplace Violence?

It is vital to remember that anyone can be a victim of workplace violence, including an employer, employee, or customer. However, just like some jobs are more likely to see injuries at work, some are also likely to witness workplace violence.

A customer or a fellow employee could cause workplace violence. Unlike regular injuries, it is often intentional. One situation that could lead to violence at work is where there is an exchange of money or the delivery of goods and services. For example, a delivery driver or bank cashier could be the victim of workplace violence.

Employees who work late at night could also be at risk of getting injured through a violent act. Working in an area with a high crime rate could also leave one prone to workplace injuries. Similarly, working at places like a bar could also be a risk factor for workplace violence.

Does Workers’ Compensation Cover Workplace Violence?

Just like most personal injury cases, determining whether workers’ compensation covers workplace violence will depend on the specific circumstances surrounding the injury.

In Georgia, determining and assigning fault in such a situation is important in determining whether workers’ compensation will cover the injured employee. Consequently, gathering evidence is necessary.

The affected party can gather evidence without hiring an attorney. But without knowing what to look for, they could miss out on vital information. In addition, they may be unable to gather evidence depending on the severity of the injury. Therefore, it would be best to hire a lawyer who can do this.

Generally, workplace violence is covered under work comp if it occurs while the victim is working. However, the attack must not be personal. For example, an employee who fought over a private matter will likely not receive workers’ compensation. In addition, the employee must not have a hand in provoking the attack, or they will be ineligible for workers’ compensation.

Learn How Workers’ Compensation Lawyers in Atlanta Can Help You

If you suffered injuries due to workplace violence, you might be unsure whether workers’ compensation covers you. Workers’ compensation laws can be confusing. Therefore, it would be best to hire an experienced workers’ compensation lawyer. After examining your case, an experienced workers’ compensation lawyer can advise you on the right course of action.

They can also help you gather evidence that will help you win your case. You may be worried about the financial costs of hiring a lawyer to represent you. However, in such cases, we work using a contingency approach. As a result, we do not get paid except we win compensation for you. Your initial consultation is also free of charge.

There we will examine your case to identify its merits and determine whether there is enough to go ahead with a claim. Don’t hesitate. Contact us today to get started with the workers’ compensation process.