Florida’s workers’ comp system ensures wounded employees get compensation for their injuries. These work-related wounds often come about through various means. Unfortunately, many people focus more on injuries from job accidents. However, our Miami workers’ compensation attorneys have seen many employees wounded from workplace violence.
A staggering number of people suffer injuries or die from workplace violence. Sadly, the victims often don’t know whether they’re eligible for workers’ compensation when these happen. That’s why it’s always best to hire a Miami workers’ comp attorney. A skilled lawyer can properly analyze your case to check if you deserve compensation. Then, they can help you get that money.
What Is Workplace Violence?
Workplace violence is the use or threat of violence against a business’s workers. Such violence could stem from physical assaults, verbal abuse, intimidation, or other threatening behavior. Sadly, workplace violence can cause physical injuries or even death in some cases. In 2017 alone, there were 458 fatal workplace injuries from intentional harm.
Figures like the above make workplace violence the third-leading cause of fatal occupational injuries in the US. Notably, some factors predispose certain employees to workplace violence. These risk factors would include working:
- Jobs that require heavy cash exchange
- With violent and unstable individuals
- In lonely and isolated areas
- In violence-prone environments
- For places that serve alcohol
- During the night or alone
Workplace violence also affects multiple employment sectors, including:
- Protective services
- Health care
Can I Recover Compensation for a Miami Workplace Violence Injury?
Yes, you can get workers’ comp for work-related injuries from violence. However, some of the rules that apply to ordinary accidents also apply here. For example, you must have sustained the violent wound in the course of your employment. This factor would have different implications depending on who caused your injury.
Notably, occupational violence can come from:
- Customers, or
- Third parties
Furthermore, when you sustained the work wound would be a determining factor. For example, imagine that a food purchaser stabbed a McDonald’s salesperson while serving their food. This injury clearly occurred in the course of employment. However, sometimes, an employee may incite violent behavior from their assailant. If this happens, recovering workers’ comp may become challenging.
Filing Third-Party Lawsuits
Workers’ compensation usually extinguishes an employee’s right to sue their employer. However, it doesn’t prevent you from proceeding against a liable third party. Instead, general personal injury laws can allow you to file an injury lawsuit. You can file this legal claim alongside your workers’ comp benefits. So, suppose you’re the victim of third-party workplace violence.
Then, you can sue this third party. You may even accept a settlement offer from this individual. If the violent injury resulted in death, the deceased’s estate could also file a wrongful death claim against the fault party.
Notably, an injury lawsuit can grant you a wider range of damages. Here, you can recover beyond the lost wages and medical benefits that workers’ comp offers. Instead, you can recover damages for:
- Non-economic losses like pain and suffering
- Emotional distress
- Loss of consortium in wrongful death cases
In addition, the court may even award punitive damages against the violent third party.
What to Do After a Violent Workplace Injury
If you’re wounded from workplace violence, you must follow the same procedure for other work-related injuries. Firstly, this would mean getting immediate medical attention. After the initial medical treatment, it’ll then be best to inform your employer of the injury.
Florida law mandates that you make an injury report within 30 days. Therefore, notifying your employer of this violent injury later than thirty days can make you lose your right to comp benefits. In addition, if the injured worker dies, their legal beneficiaries, agent, or estate must fulfill this legal requirement. After informing your employer, they must then notify their insurance carrier. This step effectively begins the compensation process.
Injured at Work? Miami Workers’ Comp Lawyers Can Help You!
Have you sustained an injury from workplace violence? Then, you may be eligible for workers’ comp benefits. Suppose you have a work-related injury from any other source. You can also receive compensation for such wounds. First, however, you’ll need the best Miami workers’ comp lawyers.
Fortunately, our years of experience in winning compensation for injured Miami employees qualify us to represent you. With our workers’ compensation attorneys, you’ll get the maximum compensation you deserve. We can also hold an erring third party responsible for your injuries. So, call us today for a FREE consultation. We work on a contingency fee basis.