Los Angeles Workers' Compensation Attorney
Workplace violence injuries can be tricky because there are many different ways in which workplace violence arises. I have been handling workplace violence cases since 2011 and can help you with your case if you have suffered an injury due to such circumstances.
Workplace violence can emerge in some of the following ways:
- A co-worker started a fight that involved you;
- A boss (supervisor, manager, or owner) became violent;
- A vendor became violent;
- Outside forces (such as terrorist or gang activity) brought violence into the workplace; or
- Violence broke out after what started as harmless “horseplay.”
Is workplace violence covered by workers’ compensation?
Generally, yes, but there are exceptions. It’s important that you understand that injuries resulting from “horseplay” are typically not compensable, but there are lots of facts that go into the question of whether the incident constituted horseplay to begin with. If you injured yourself from what might be called horseplay, then you will need to speak with an attorney about precisely what happened–step by step–because each detail will likely have a bearing on your case. It’s crucial that you are completely honest, even if you think it might hurt your case; leave that part to us. It’s up to the attorney to find case law and to make an argument that the facts of your case do not fit into the definition of horseplay, but you will be inadvertently harming your attorney’s ability to help you fully if you try to make the facts rosier than they are.
Other areas of the law (such as terrorism that occurs at the workplace) are undergoing some interesting shifts with our lawmakers. September 11th, as well as the tragic shooting in San Bernardino, led to the creation and resurgence of bills that prevent insurance carriers and employers from getting out of covering these injuries.
Can you sue for workplace violence?
Whether the violence occurred as a result of an outside threat, a boss, a co-worker, or any other force, if you were injured on the job as a result of workplace violence, you should consider filing a claim. Again, the details surrounding the situation or your particular circumstance are of key importance, and you should reach out if you need help. Workplace violence employee rights are important to discuss with a professional. Similarly, you need to know about the extent of workplace violence employer responsibility, which is also one reason that it is important to act quickly if you injured yourself as a result of a fight or any other type of physical assault in the workplace.
Workplace violence statistics show that such instances are increasing, which you can read about by clicking here. As far as workplace violence lawsuit settlements are concerned (specifically related to workers’ compensation), those figures are not attainable. However, depending on whether you have experienced sexual violence or other types of violence brought on by a boss, you may be able to recover in civil court under a personal injury theory in addition to bringing a claim under the theory of workers’ compensation. This is an exception to what is known as the “exclusive remedy” rule of workers’ compensation, which generally provides that workers cannot sue their employers for workplace injuries outside of the workers’ compensation system.
This issue can become somewhat complicated, but your attorney should be able and willing to explain all of the above to you. If you would like me to help you with your case, please feel free contact me at any time by calling (424) 388-1001.
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I personally review every case that is submitted to me. If you have a question about your workers' comp case, let me know the details, and I'll contact you as soon as possible to discuss how I can help you.
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