• When Workplace Violence Occurs
  • October 18, 2017
  • There is a major grey area on how to obtain financial compensation benefits when it comes to injuries stemming from workplace violence. Over 2 million workers are victims of workplace violence each year, and sadly many don’t know their rights. Philadelphia Worker’s Compensation lawyers can provide details on specific stipulations surrounding Workers’ Compensation approval for domestic abuse in the workplace.
    It is essential to know the specific laws in place for each state when it comes to Workers’ Compensation eligibility. Most states will approve this benefit if it can be proven that the injury occurred while on the job. However, the injury must also be attributed to the job. If it is discovered that there is personal motive behind an attack, it could disqualify a victim from receiving compensation benefits.
    An example of a situation that would likely not be approved for Workers’ Compensation would be if two friends were having a dispute outside of work and later one party traveled to a job location to continue the fight while the other party was on the clock. A judge could argue that the situation was avoidable and that violence was brought to the workplace.
    An example of a situation that would likely be approved for Worker’s Compensation would be if an irate customer entered a store and physically attacked a worker over a petty inconvenience. These situations can quickly get convoluted and turn into hearsay so it is important for a manager or HR employee to document the incident immediately. Video evidence and witnesses can also be helpful to prove who was initially responsible for the wrongdoing.
    Fault exception exists for most work-related injuries, but does not always apply when it comes to injuries attributable to workplace violence. Fault exception rules allow employees to receive Worker’s Compensation benefits even if an accident was their fault. In the case of workplace assault, the employee filing for benefits must prove they were not the initial aggressor. They must show they acted out of self-defense and did not initiate the conflict while on the job.
    Assault victims should be evaluated by a medical professional so they have firm documentation available to back their case. The doctor can provide an estimate for cost of treatment as well as a diagnosis and recovery time. Employers must be notified immediately in writing about an incident so they can provide claim forms to start the filing process.
    It is also important to note that statue of limitation laws exist and vary by state for the eligibility filing period. Certain states like Texas allow only 30 days for a claim to be processed, while South Carolina allows 90 days. Missing this cutoff could eliminate someone’s eligibility for benefits.
    Philadelphia Worker’s Compensation Lawyers Are Top Advocates for Getting Claim Approvals
    If you are a victim of workplace violence or have endured an injury while on the job, it is critical for injuries to be documented immediately and precautionary steps taken to ensure victims will be eligible for reparations. At the law offices of Jeffrey S. Gross, our experienced attorneys are dedicated to getting you the benefits you deserve. Call a Philadelphia Worker’s Compensation lawyer at 267-589-0090 or submit an online inquiry today.