What Is Workplace Violence?
The Occupational Safety and Health Administration (OSHA) defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.”
What Are the Different Types of Workplace Violence?
Workplace violence can take many forms and can be physically, emotionally or psychologically damaging. These different forms of violence include, but are not limited to:
- Physical violence: physically attacking another person or physically threatening another person with harm. Could include hitting, slapping, pushing, kicking, throwing objects at someone, or using a weapon to threaten or hurt someone.
- Verbal abuse: verbal threats of physical violence against someone, as well as insults and other forms of verbal aggression that are directed toward the victim on a repeated basis in order to humiliate and intimidate them.
- Sexual assault/harassment: any unwanted sexual act committed against an employee without their consent that creates an intimidating work environment and can be physically harmful. This includes inappropriate comments about one’s body or clothing; touching in an unwanted manner; and making unwelcome advances towards another individual for sexual purposes.
- Stalking: following someone around the workplace either physically or electronically (through email or social media) in order to observe them closely over time yet not directly interacting with them at all times during this period of observation; could also include sending threatening messages via text message/email/social media platforms as part of stalking behavior
- Bullying: repeatedly subjecting employees to negative behavior such as belittling remarks, exclusion from meetings & activities, spreading false rumors about one’s performance/character, etc., in order to gain power and control over them.
If a worker has been physically attacked at work, they may qualify for workers' compensation to cover medical expenses and lost wages as a result of the attack. In addition to compensating injured workers, workers' compensation also helps protect employers from potential liability due to workplace assaults. It is important for employees to know their rights in order to ensure that they are fully compensated if they experience any type of workplace assault.
I Was Assaulted At Work. What Are My Rights?
If you were assaulted at work, understanding your rights and legal options is crucial. As a New York City workplace assault attorney, we are here to guide you through the process of seeking justice and compensation for your injuries and distress.
You have the right to do the following:
- Report The Assault To Your Employer: Your employer is obligated to investigate the incident and take appropriate measures to ensure a safe working environment. Documenting the assault thoroughly, including collecting witness statements and any available evidence, can strengthen your case.
- File a Legal Claim: You may have a case against your employer if they were negligent in preventing the assault. A worker’s comp claim can be filed seeking compensation for medical expenses, lost wages, and emotional distress.
In cases where your employer failed to provide a safe workplace or ignored previous complaints about the environment or the assailant, you might pursue a claim against the employer. This is where workplace assault lawyers in NYC can provide invaluable assistance, helping you navigate the complexities of such claims.
Additionally, if the assault is severe, it might be a criminal matter. You can file a police report to initiate a criminal investigation, which could lead to criminal charges against the assailant.
Consulting with experienced workplace assault lawyers in NYC at Schotter Millican, LLP can help ensure your rights are protected and that you receive the support and compensation you deserve. We can provide personalized advice, assist in filing claims, and represent you in any necessary legal proceedings to uphold your rights and secure your future.
How Common Is Workplace Assault?
Shockingly, OSHA reports that workplace violence is the third-leading cause of fatal work-related injuries in the U.S. In 2019, more than 700 workers died in the U.S. as a result of an intentional injury inflicted by another person. Sadly, because many instances of workplace violence and assault go unreported, the real number of workers injured or killed due to workplace violence each year is likely higher.
Workplace Harassment
Harassment is considered a form of violence, and it's illegal. In the workplace, it may take the form of personal insults, jokes, or incidents involving intolerance or disgust toward a protected class. Under federal law, these classes include race, age, sex, religion, national origin, color, or disability.
These are three common forms of workplace harassment:
- Verbal/Written - Email is frequently abused form of communication. Fortunately, it tends to be the easiest form to keep record of. Verbal harassment, on the other hand, while possibly much more common, is quite a bit more difficult to prove.
- Visual - Subjecting someone to violent, derogatory, or sexual images is another form of harassment. This one can be more subjective, because while the intention may be humorous, some hostility may also lay behind it.
- Physical - Touching and physical intimidation (for example, standing too close to someone with the intent to scare them) are unacceptable in the workplace.
Protecting Your Rights Throughout the Legal Process
If you were injured at work or in a work-related incident, it is important that you report the injury to your employer within 30 days. Time is critical in these cases, so do not delay. You should also seek immediate medical attention and follow all of your doctor’s recommendations after the incident.
Your employer will likely order an independent medical examination (IME) to confirm your injuries. These examinations are anything but “independent.” In fact, IMEs are often used to justify insurance companies’ denials of rightful workers’ compensation claims. At Schotter Millican, we educate our clients about the role of videography in injury cases. We introduce them to the rules and benefits of video recording IMEs as part of their case strategy. We offer this service at no additional cost to our clients simply because we believe in protecting workers’ rights.
Our NYC Workplace Assault Lawyers Are Ready to Help
Going through a traumatic event like a workplace assault can be emotionally challenging. Having a lawyer who understands the legal process and can provide support and guidance can help alleviate some of the stress and anxiety associated with your situation.
What Sets Us Apart From The Rest?
Schotter Millican, LLP is here to help you get the results you need with a team you can trust.
-
We'll Be Your ResourceWorkers' Compensation can be confusing, but we're here to make sure you have everything you need.
-
When Others Quit, We PersistWe'll push farther for our clients - when other firms may throw in the towel, we'll dig in deeper.
-
Activism Backed With HeartWe have been involved in worker activism for decades, and we care deeply about you and your case.
-
We're Used to WinningOur attorneys have a long history of large appellate wins, so you can feel confident in our experience.
-
Videography Training for IME
You will be trained by us to know how to videotape the independent medical examinations (IME) to protect your rights.
-
We Take Complex CasesWe're not afraid of a challenge, and we'll use our experience to win even the most complicated cases.