Work should be a place of productivity, not fear. However, the U.S. Bureau of Labor Statistics reports that workplace violence results in thousands of nonfatal injuries each year that require days away from work.
If you’ve been attacked on the job, you may be unsure where to turn. Is this just a workers’ compensation matter? Can you file a lawsuit? What if your employer ignored warning signs?
This is where a personal injury lawyer can make a meaningful difference. Let’s explore their role and discuss how to file a workplace violence injury claim in Florida.
Assault Cases Involving Workplace Violence
Assault cases involving workplace violence can arise in many different settings, but the violence may involve a coworker, supervisor, customer, vendor, or even a third party who enters the workplace. While not every assault automatically makes an employer liable, negligence can play a role.
In Florida, employers have a legal duty to provide a reasonably safe work environment. If an employer ignored prior threats, failed to address complaints about aggressive behavior, or provided inadequate security in a high-risk environment, they may share responsibility for the harm that occurred.
Workers’ Compensation vs. Workplace Violence Injury Claims
Most injured employees will first encounter the workers’ compensation system after workplace violence or injury. Workers’ compensation typically covers medical treatment and a portion of lost wages, regardless of who was at fault.
Compensation for injured workers has limits, though. It does not provide coverage for pain and suffering or full wage replacement. That’s why some assault cases involving workplace violence may qualify for a separate civil claim.
A workplace violence injury claim may be possible if:
- A third party, such as a customer or contractor, caused the assault.
- The employer engaged in gross negligence or intentional misconduct.
- Negligent hiring or retention contributed to the incident.
Sullivan & Sullivan personal injury lawyers can evaluate whether your situation qualifies for compensation beyond workers’ compensation benefits. Contact us today to learn more.
How to File a Workplace Violence Injury Claim
Taking the right steps early on can protect your health and your legal rights. Seek immediate medical attention before anything else. Even if injuries seem minor, documentation is essential to filing a workplace violence injury claim.
Next, report the incident to your employer as soon as possible and ensure a written report is created. Preserve as much evidence as you can, including photographs, witness information, text messages, emails, or prior complaints that demonstrate warning signs were ignored.
Filing a workplace violence injury claim often involves investigating security policies, reviewing employment records, and determining whether negligent hiring, supervision, or retention occurred. Let our experienced team help.
Proving Negligence
Under Florida law, employers are not automatically responsible for every violent act that occurs at work. However, they may be liable if negligence contributed to the incident. To prove negligence, an injured employee typically must demonstrate that the employer had a duty of care, breached that duty, and that the breach directly caused the injury.
Evidence such as prior incident reports, internal communications, security footage, and witness testimony can be critical. A strong workplace violence injury claim often depends on identifying patterns of inaction or unsafe policies that placed employees at risk.
Schedule a Consultation Today
Understanding whether you have a valid workplace violence injury claim can feel overwhelming, especially while you’re recovering physically and emotionally. Our team is here to listen, answer your questions, and provide clear guidance about your legal options under Florida law. Contact us today to schedule a confidential consultation and take the first step toward protecting your future.
