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Workplace Violence
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Workplace Violence Injury Attorneys in Boca Raton
The unfortunate truth is many Boca Raton workers are employed in places where they are regularly exposed to potentially dangerous and unstable individuals. Too many Boca Raton workers have to contend with angry customers who verbally and even physically assault them. Retail, service workers, educators and healthcare professionals in particular are facing an onslaught of customer aggression and criminality that has the potential to turn deadly.
Taxi drivers are the most at risk, as they’re 20 times more likely to be murdered than other workers. Nurses and other healthcare workers who deal with homeless or mentally unstable patients are also too frequently accosted by the people they’re trying to help.
There are also instances where fights or assaults between coworkers lead to injuries, some of which more than justify full workers’ comp claim payments.
It can be challenging to file a compelling claim while grappling with recovery or grief, which is where the experienced workers’ compensation attorneys at Kanner & Pintaluga can help.
The team at our Boca Raton firm has extensive expertise in Florida workers’ compensation laws. We’ll examine the details of your case, explore all avenues for compensation – including filing a workers’ compensation claim possibly in conjunction with a third-party personal injury or wrongful death claim – and work hard to secure the reimbursement you deserve.
Types of Workplace Violence
- Criminal Intent: When an unaffiliated perpetrator enters the workplace with the intent to commit robbery or another crime. These instances most often affect late-night retail workers and security staff.
- Customer/Client: When a client or customer becomes violent while being served and attacks an employee. This is most common in healthcare settings, like hospitals and nursing homes, as well as retail and transportation.
- Worker-on-Worker Violence: When one employee assaults another, including arguments or feuds that turn violent or sexual assault.
- Personal Relationship: When someone personally associated with the employee and not the business and attacks them, endangering the employee and potentially their coworkers as well. Even if the assailant isn’t a part of the organization, if the incident occurs at the workplace during working hours, it qualifies as workplace violence.
How Can Businesses Protect Their Employees From Workplace Violence?
Employers should have dedicated training and prevention tools to protect their employees, from enforcing a zero-tolerance policy toward workplace violence to implementing mock training and emergency action plans. That said, businesses can’t always prevent workplace violence, so they owe their employees proper compensation in case they get severely injured and have to miss work. Workers’ compensation covers the entirety of the medical bills related to your resultant injury as well as the cost of job rehabilitation and placement if your injuries prevent you from continuing your current position.
Workers’ comp unfortunately does not cover pain and suffering damage for emotional trauma, which is common after being the victim of assault. In some scenarios, workers may be able to pursue a third-party claim against the assailant, but the feasibility of winning compensation is highly reliant on the perpetrator’s ability to pay.
Workers’ comp benefits should also provide reimbursement for up to two-thirds of your lost wages and disability benefits for months or even years depending on the severity of the injury. A permanent disability will qualify you for a longer compensation period than a temporary disability, but it usually isn’t lifelong. The attorneys at Kanner & Pintaluga have the skills and tenacity to maximize your chances of receiving full compensation.
How Does Fault Affect Your Workers’ Compensation Claim for a Workplace Violence Injury?
Typically, workers’ compensation doesn’t require filers to prove fault – but in the event of assault, pinpointing fault may be necessary to hold the liable parties responsible. This can increase the complexity of the process, since fault and no-fault are two entirely different ways of processing a claim.
Workers’ comp is a no-fault system, meaning that if you suffered injuries on the job while performing job duties, you are typically eligible for compensation. This includes injuries suffered from assault.
You will need to prove fault if you pursue a third-party claim in addition to workers’ comp. Collecting compensation can be difficult or impossible if there’s no relevant insurance policy to file a claim against and the perpetrator has few or no assets to seize.
In some scenarios, an assault claim can turn into a premises liability claim by attributing the assault to negligent security on the property where the assault occurred. In other words, you’re holding the property owner responsible for allowing the assault to take place as well as the perpetrator. However, this can be complicated if the property was owned by your employer.
Every situation is unique, and you should discuss potential options with a Boca Raton workers’ comp and personal injury lawyer for more information.
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Kanner & Pintaluga have recovered over 1 billion dollars and are experienced in working against insurance companies. Contact us for a free consultation, and let us provide you and your family with dedicated service and get you the compensation you deserve.Call 800.586.5555
Our Boca Raton Workplace Violence Liability Attorneys Will Fight for the Compensation You Deserve
At Kanner & Pintaluga, you can trust our aggressive workers’ comp attorneys to fight for fair compensation on your behalf so you can focus on recovering. We’ll take the legal battle off your shoulders and fiercely negotiate and litigate if necessary for maximum reimbursement.
Schedule a one-on-one case consultation with a Boca Raton workers’ compensation attorney today by calling (800) 586-5555.
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Boca Raton Location
Boca Raton
925 South Federal Highway, 6th Floor
Boca Raton, FL 33432
(800) 586-5555
* Available by Appointment
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