Workplace violence is becoming increasingly common in California. Workplace violence, usually in the form of physical violence or the threat of the same, creates a risk to the health and safety of one or more firm employees. The violence does not have to be the act of an employee of the company but can be committed by anyone present at the work site. The primary issue is the location of the violent occurrence, not the parties who committed the violent acts.
Workplace safety hazards affecting California employees have traditionally involved unsafe work practices, hazardous industrial conditions, or exposures to harmful substances rather than violent acts committed by other human beings. Recently, however, employees, supervisors, and managers have become victims of assaults or other violent acts in the workplace, entailing a substantial risk of physical or emotional harm. Many of these assaults have resulted in fatal injuries. Still, an even more significant number results in nonfatal injuries or the threat of injury, leading to the need for medical treatment, missed work, lost wages, and decreased productivity.
Anyone injured by workplace violence should consult with a workplace injury attorney as soon as possible.
Regulatory Efforts to Prevent Workplace Violence
California’s Cal/OSHA department has issued guidelines for workplace security. Preventive measures must arise from a thorough understanding of the risk factors associated with workplace violence. Even though our understanding of workplace violence is not perfect, enough information is available that can reduce the risk of workplace violence if used effectively. Management commitment and the day-to-day involvement of managers, supervisors, employees, and labor unions are necessary to reduce the risk of workplace violence.
Cal/OSHA has produced Guidelines for Workplace Security to help California employers and employees understand and manage workplace violence. Among the statistics it notes is that California has become one of several states in which assault and violent acts represent the leading cause of death in the workplace. Higher-risk occupations include taxi drivers, liquor store workers, gas station attendants, and workers in grocery and convenience stores, jewelry stores, small hotels, and eating/drinking establishments.
Prevention
The first step in prevention is to analyze the workplace. The presence of one or more of the following factors is an indication that your workplace is at risk:
- Exchange of money;
- Employees who work alone at night and during early morning hours;
- Availability of high-value items, such as money or jewelry;
- Performing public safety functions in the community;
- Working with patients, clients, passengers, customers, or students known or suspected of having a history of violence
- Having employees with a history of assaults or who have exhibited belligerent, intimidating, or threatening behavior.
Companies should have procedures for identifying hazards and training employees in recognizing them. Employers with certain known risks, such as late-night workers, should implement late-night violence prevention procedures. Emergency medical care should be available, and employers should debrief employees after any incidents.
Finally, when any employee gets dismissed, employers and employers should recognize that a danger of retaliatory violence exists. Employers should take steps to prevent former employees’ unsupervised access to company facilities.
Your Rights After a Workplace Injury
Some of your rights are those available to any California employee after a workplace injury. You can apply for Workers’ Compensation, under which you will receive medical care, including doctor’s bills, pharmacy expenses, surgeries, hospital bills, and any other medical services or products you receive.
You will also be eligible for temporary disability benefits. If it turns out that you cannot return to work, you may also be eligible for permanent disability under Workers’ Comp. You can also receive supplement job displacement benefits to assist you in the costs of retraining and enhancing your skills.
Finally, your family may be entitled to death benefits under Workers’ Comp.
In the Case of Workplace Violence
If your workplace injury resulted from an act of violence, you have legal rights. In addition to your Workers’ Comp rights, your employer and the individual who actually committed the violence may also be liable for damages.
Workplace violence generally breaks down into categories:
- Criminal intent
- Customer or client (current or former)
- Worker-on-worker violence
- Personal relationship violence, almost invariably against women
Your Legal Rights after Violence in the Workplace
Workplace violence usually consists of an assault. Injuries can be as minor as scrapes and bruises or as severe as broken bones, traumatic brain injury, and even death. Sexual assault may also occur.
As noted above, injured employees are entitled to all Workers’ Comp benefits. In addition, if the employer’s negligence contributed to the injury or the employer does not carry Worker’s Comp insurance, the injured worker can make a personal injury claim against the employer. You may also seek restitution from the individual causing the violence and may be eligible for victim’s assistance through your state.
Steps to Take After Workplace Violence
- Seek medical attention immediately. If first responders at the scene don’t take you to the hospital or urgent care, go on your own as soon as possible. Make sure the medical personnel know you were the victim of workplace violence.
- Report to the Police. Notify the police if they haven’t already come to the scene of the violence. Try to get a copy of the police report on the incident if possible.
- Make sure your employer knows what happened. Please don’t assume that they are aware of the facts. Make a complete statement to your employer. Make sure your attorney has copies of any statement or report you make.
- Contact a personal injury lawyer. You will want to retain counsel experienced in handling workplace violence claims.
- File your Workers’ Comp claim. Your newly retained attorney can help with this.
Contact a San Francisco Personal Injury Lawyer Today
If you or a loved one have suffered an injury in a workplace violence incident, you need to seek help to recover your out-of-pocket expenses and your peace of mind. Contact our personal injury attorneys or call (415) 851-6486 today for a no-cost case evaluation. Let us handle your financial recovery while you focus on your emotional and physical healing. We handle cases all over the Bay Area, including Santa Rosa, Vacaville, and Discovery Bay.
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