Ensure Full Compensation for Your Workplace Assault Lawsuit You deserve to feel safe at work, and when a violent incident occurs at your place of employment, you need the best legal representation on your side. Acts of violence in the workplace are unfortunately on the rise. Can you sue for verbal abuse in the workplace […]
You deserve to feel safe at work, and when a violent incident occurs at your place of employment, you need the best legal representation on your side. Acts of violence in the workplace are unfortunately on the rise. Can you sue for verbal abuse in the workplace too? Absolutely! A lawsuit for an unsafe work environment may result in compensation when you are assisted by some of the best workplace abuse lawyers in the nation. Parker Waichman LLP has been helping victims or the families of victims file workplace violence lawsuits to recover financial compensation.
When people think about workplace violence, they often picture a current or former employee who suddenly snaps and brings a weapon to work. In reality, these kinds of episodes make up only a fraction of the violence perpetrated in the workplace. A large portion of workplace violence involves a third party, unconnected to the business and the victim, who comes in with the intent of committing a robbery or other crime.
In addition, a significant percentage of workplace violence involves intimidation, harassment, and threats. According to the National Institute for Occupational Safety and Health, workplace violence is a “violent act directed toward persons at work or on duty,” including threats of assault, threatening behavior, and verbal abuse.
If you have experienced a physical, behavioral, or verbal act of violence at your workplace, contact Parker Waichman LLP to find out what legal options you might have for recovery.
When an employee feels at risk at work, they may be eligible to pursue a workplace assault lawsuit. A creditable threat of physical violence, verbal harassment, or sexual assault should be immediately reported to a supervisor or human resources professional. If that report is not resolved, the employee who is being assaulted has the right to file a workplace assault lawsuit for negligence in civil court. Work-related lawsuit lawyers are familiar with tactics that employers use to suppress employee lawsuits. At Parker Waichman LLP, we are prepared to handle your workplace lawsuit.
When a violent incident occurs in the workplace, the employee may be eligible for compensation for any injuries and damages. If you are injured at work and workers’ compensation doesn’t cover your injury, you have the legal right to file a negligence lawsuit in civil court against your employer if they knew about the threat and did not do anything to prevent it. Strengthen your position by relying on work-related lawsuit lawyers.
Yes, you can sue for workplace violence in certain circumstances. If you are a victim of workplace violence who cannot receive workers’ compensation, you can file a civil lawsuit against your employer for negligence. However, this is only the case if the employer knew of a threat, but didn’t take the necessary steps to address the issue. Please also note that if workers’ compensation covers the extent of expenses resulting from your injury, you cannot file a civil lawsuit.
If you have been threatened, harassed, or have been the victim of physical violence at work, the first step you should take is to report it to your supervisor to create a record of the incident. If your employer doesn’t address it and it continues, then the next step is to report the incident to your local police.
Yes, you have the right to a safe work environment and if this is violated through assault, harassment, or discrimination then you are able to file a civil lawsuit for negligence against your employer. If you’re unsure whether you qualify, contact Parker Waichman LLP for a free case consultation.
Situations do not have to escalate to physical violence before you have options for legal recourse. A workplace lawsuit can be a workplace intimidation lawsuit or a verbal harassment in the workplace lawsuit.
A personal injury attorney can help with workplace violence related incidents and an employment lawyer can help you with multiple areas of work-related lawsuits such as:
Anybody can report workplace violence or harassment to their superior or to the local police. Employees should not feel too intimidated by their employer to report violence and harassment. It’s the employer’s responsibility to create a safe environment and to provide a safe way to report these incidents.
Workers’ compensation covers any injury an employee incurs while they are performing their job duties. If the employer did not adequately prevent the violence from occurring, the injured employee is covered by workers’ compensation. Workers’ compensation generally doesn’t cover injuries that occurred due to violence of a personal nature that was not connected with the workplace. The injured party will also have to prove their injuries were caused by workplace violence.
Suing for workplace violence, harassment, or assault is legal, and a company cannot fire you for filing a claim against them. Even if you lose the lawsuit, the employer still cannot fire you for pursuing the lawsuit. We all have a right to an attorney if we believe we’ve been victims of a crime with no repercussions.
Workplace violence can take place in a number of different ways and involving different parties, both affiliated and unaffiliated with the business. In our experience litigating these types of claims, we can usually separate the cases into four types:
These types of workplace violence involve an employer committing an act of violence against an employee. This can be an immediate supervisor or a high-level executive and can include some of the following incidents:
Many times, these types of acts go unreported because employees are worried about losing their jobs. The incidents can be compounded by threats of firing if the victims tell anyone or hire a lawyer. You should never accept working in an unsafe environment, and a lawyer can assist you if you find yourself in this sort of situation.
Worker-on-worker acts of workplace violence involve two or more employees of the same company. Sometimes these occur while people are still employed, and sometimes they take place after the employee is gone, which are often referred to as “disgruntled employee” situations. These can include all of the following:
Employers have certain duties to keep their employees safe, and when you are subjected to violence at work, you have the right to seek justice.
Many incidents of workplace violence occur when people unconnected to the business enter with the intent of committing a crime – usually an economically-motivated crime like robbery. These can also include situations of customer violence against employees. Employees working at the time can be injured simply by being in the business when the offender arrives. While no business is completely immune from violence of this sort, convenience stores and bars open during late hours are particularly vulnerable.
Some states offer guidance about situations or workplace environments that generally pose a higher risk of violence. The following list is provided by the New York Department of Labor.
A few workplace environments that may pose a greater risk for workplace violence include:
Even when violence is committed by someone outside of the workplace, employers have an obligation to protect their employees from harm. No matter who actually injured you, if you were at work when it happened, you might be legally qualified to file a lawsuit against your employer.
When you are injured at work in an act of workplace violence, you need to look into the feasibility of filing a claim against your employer. You can do this by alleging a number of different things, depending on the circumstances of your particular claim.
As you read above, each of these causes of action involves a lawsuit based on negligence. Under theories of general negligence, we must be able to prove four basic things in court:
As discussed previously, employers have a duty to keep their employees safe. We have to prove that in your case, your employer had a legal obligation to protect you from harm, and that your employer failed to do so. If you were injured in a robbery at your workplace, we need to show that under the same or similar circumstances, a reasonable employer would have taken appropriate steps to prevent the robbery from occurring or to prevent you from being injured during the robbery. The court in this sense will look at what your employer did versus what your employer should have done to make a determination about whether a duty was breached.
In addition, we have to prove you were harmed in some way, and your harm was caused by the negligent conduct of your employer. While physical injuries are generally not especially difficult to prove, emotional and psychological injuries might require a medical expert to testify in your case as to your damages. Further, we have to show that some alternate conduct by your employer would have made a difference. If there was nothing your employer could have done, you will not succeed on your claims.
These cases require significant time and effort to build and you need lawyers who know how to handle them. Parker LLP has extensive experience litigating workplace violence cases, and we know what it takes to win.
When you are suing for workplace violence, you must make sure your claim has not expired under the state’s statute of limitations. Statutes of limitations are state-enacted time limits on filing claims. They tend to encourage people to investigate and file their claims more quickly, which will have the natural effect of preserving evidence for trial. You want people’s memories to be accurate and documents to still be available by the time you sue.
In a negligence action for workplace violence, each state has differing time limits to file a lawsuit alleging workplace violence.
For example, here are a few states that have difference statutes of limitations for filing a workplace violence lawsuit:
This means the clock will usually start running from the date of the act of violence. It can be difficult determining the statute of limitations in cases of ongoing violence, so you must be sure to hire competent counsel to figure out the correct time limit on filing your case. The attorneys at Parker Waichman LLP are diligent about calculating statutes of limitations on all our new cases, so you can be confident when you hire us that your rights will be protected.
It is important to find the right lawyer to assist with your legal action and any questions you may have. At Parker Waichman LLP, your legal consultation is free. When pursuing a case, our clients are not responsible for upfront costs; we won’t charge you anything until we recover for you.
When you work with Parker Waichman LLP, your dedicated workplace violence attorney will help you seek compensation for all the ways in which you have been harmed by workplace violence. This will include filing a lawsuit that alleges all of the following types of damages:
We know that this experience has been extremely traumatic, and no amount of money will completely restore your life. But particularly if you have had to miss work or leave your job because of your injuries, a settlement or verdict can help ease the financial burden that has been placed on you and your family.
Throughout decades of representing injured people, we have earned a reputation for compassion and professionalism. Our firm is proud to hold numerous honors and accolades from colleagues, clients, and judges, including a listing in the extensively peer-reviewed, Best Lawyers Publication, a 9.8 out of 10 AVVO rating, and a rating of “Pre-Eminent Lawyers” by the Martindale-Hubbell AV Peer Review Rating system.
We are extremely passionate about helping people and have the resources and skills to begin investigating your workplace violence claim and to seek full compensation for you.
Workplace violence cases can be especially sensitive and difficult to talk about. Depending on what happened to you and for whom you worked, you might be reluctant to open up about the incident. We can assure you that a Parker Waichman LLP workplace violence lawyer takes attorney-client privilege very seriously, and we only hire caring, compassionate lawyers. Your privacy will be fiercely protected, and your attorney will create an environment in which you feel comfortable talking about what happened.
When there is potential for a lawsuit to be filed against an employer, your case will undoubtedly involve extensive document discovery and depositions. The best way to succeed is to hire experienced lawyers who understand the system and will not be intimidated by corporate counsel and massive document production. We will get to the bottom of what happened and hold the responsible parties accountable, starting with a confidential consultation at absolutely no cost to you. We offer free consultations and will perform your case review and investigation without ever asking for money up front.
At Parker Waichman LLP, we understand workplace violence can have a devastating effect on your life. We want to help you seek the justice you deserve so you can begin to move forward. If you or a loved one was injured in an act of workplace violence, contact Parker Waichman LLP today for a free consultation by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529).