Workplace Violence

No person should have to fear violence at their job. However, the threat of violence can happen in any type of job environment. Workplace violence appears in many ways, from verbal abuse to physical assault. In some cases, acts of violence can be fatal.

Perpetrators of violence can include coworkers, contractors, and supervisors. Workplace violence can also involve someone outside of the company, including a disgruntled customer or a family member committing domestic violence.

Whether you are suffering, witnessing, or trying to prevent violence in your workplace, it is important to understand your rights. If you have questions about your rights after a violent incident at work, talk to a local employment lawyer with experience in workplace violence cases.

Understanding Workplace Violence

Workplace violence is not just violent acts, but, according to the Occupational Safety and Health Administration (OSHA), it also includes threats, harassment, and intimidation.

There are thousands of work-related violence incidents reported every year, but many go unreported. According to the U.S. Department of Labor (DOL), there were more than 37,000 workplace violence injuries and 392 fatalities in 2020. Types of workplace violence include:

• Physical assault
• Damaging personal property
• Intimidation, threats of violence, and verbal abuse
• Stalking or harassment

Workplace violence can happen in any type of job. Common occupational groups dealing with workplace violence include:

• Health care support
• Food service
• Protective service and security guards
• Building and grounds maintenance
• Social services

Other risk factors include working alone or in isolated areas, working late at night, and exchanging money with the public.

Employer’s Obligation To Protect Employees

The federal Occupational Safety and Health Act requires your employer to provide you with a safe work environment. This means an environment without recognized hazards that are likely to cause serious physical harm or death.

Your employer should have a zero-tolerance attitude toward violent behavior in the work place. If you or other employees report workplace safety concerns, your boss should take immediate action to protect you. OSHA recommends employers have a written workplace violence plan. A plan addresses how to report and respond to violent incidents.

Handling Workplace Violence With Your Employer

Report any incidents of workplace violence to your supervisor or human resources department so they are aware. After you report an incident, your company should follow its written procedure to investigate it and remedy the issue. This can include a formal warning, probationary period, or dismissal.

If your employer fails to take your report seriously, you can take legal action.

Witnessing Workplace Violence

Even if you are not the victim, if you witness violence at your place of employment, report it to a supervisor or other necessary authorities. When workplace violence goes unreported, it can increase the risk of harm to other workers. If you witness violent criminal acts, report it to the police.

Suing for Workplace Violence

If you are a victim of workplace violence, you have legal remedies available. If you have any physical injuries, you are likely suffering financial losses due to medical bills and having to miss work. It might be necessary to file a personal injury lawsuit to get compensation from the person responsible. In some cases, you might be eligible for workers’ compensation benefits.

Employer Liability for Workplace Violence

An employer who fails to provide a workplace free of recognized hazards may face legal liability as well. If your employer fails to comply with OSHA standards, you can notify OSHA, which will investigate any violent acts and issue fines. OSHA can also require your employer to put a workplace violence prevention program in place.

If your employer is at fault for the violence you suffer while at work, you may be able to file a personal injury lawsuit against them. The type of claim you have and the potential damages will depend on your injuries and how the workplace violence occurred.

Criminal Charges for Workplace Violence

Worksite violence is also a criminal offense just the same as in any other setting. Workplace violence can involve criminal assault, criminal battery, or other charges. You can contact law enforcement and file a police report about the violence you suffer at work.

Getting Legal Help After a Workplace Violence Incident

If you suffer injuries or abuse related to workplace violence, a local employment law attorney with experience in workplace violence cases can explain your legal options. Your attorney can help you report the incident or file a personal injury claim for damages.