Can You Get Workers’ Comp for Workplace Violence in Florida?

In South Florida, if you are a victim of workplace violence, you may be entitled to workers’ compensation benefits. Workers’ compensation is a system of insurance that provides benefits to employees who are injured or become ill due to their job.

Defining Workplace Violence

Workplace violence is defined as any act or threat of physical violence, harassment, intimidation, or other threatening behavior that occurs at the work site. It can happen between co-workers, an employee and a customer or client, or an employee and a supervisor or manager.

Workplace violence can take many forms, including:

• Criminal activity: This might happen if someone tries to vandalize or rob a company or worksite.
• Customer violence against an employee: This is common when a customer has a disagreement with an employee, and the situation becomes violent.
• Domestic violence: When an abusive spouse or partner arrives at work and is physically aggressive.
• Active shooters: Disgruntled employees may return to the job armed with a pistol and shoot others.

What Workers’ Compensation Covers

If you are injured due to workplace violence, you may be entitled to workers’ compensation benefits. These benefits can include:

Medical expenses: Workers’ compensation will cover the cost of medical treatment for your injuries, including hospitalization, surgery, and rehabilitation.

Lost wages: If you are unable to work because of your injuries, workers’ compensation will replace a portion of your lost wages.

Permanent disability: If your injuries result in a permanent disability, such as the loss of a limb or the loss of use of a limb, workers’ compensation will provide benefits for your disability.

Death benefits: If you are killed due to workplace violence, workers’ compensation will provide benefits to your surviving spouse and dependent children.

Florida’s No-Fault Workers’ Compensation System

Florida is one of only a few states with a no-fault workers’ compensation system. This means that you do not have to prove that your employer was at fault for your injuries to receive workers’ compensation benefits. In most cases, if you are injured at work, you are automatically entitled to workers’ compensation benefits.

However, there are a few exceptions. If you were intoxicated at the time of the injury, if you committed an intentional act of violence, or if you were injured while you were not working, you might not be entitled to workers’ compensation benefits. You may also not be entitled to workers’ compensation benefits if you were injured while you were violating company policy.

How to File a Workers’ Compensation Claim for Workplace Violence 

If you are a victim of workplace violence, you should report the incident to your employer as soon as possible. You should then file a workers’ compensation claim with your employer’s workers’ compensation insurer.

You have up to two years from the date of the incident to file a workers’ compensation claim. However, it is best to file your claim as soon as possible to avoid any delays in receiving benefits. If you have any questions about workers’ compensation. You should contact an experienced workers’ compensation attorney to help you with your claim.

How to Protect Yourself from Workplace Violence

There are a few things you can do to protect yourself from workplace violence:

1. Be aware of your surroundings and who is around you at all times.
2. If you feel like someone is following you or making you feel uncomfortable, trust your instincts and try to get to a safe place as soon as possible.
3. If you witness an act of workplace violence, report it to your employer immediately.
4. Keep a record of any incidents of workplace violence that you experience or witness. This can be helpful if you need to file a workers’ compensation claim or police report.
5. Be sure to stay up-to-date on your workplace’s policies and procedures regarding workplace violence.

Conclusion

It is important to be aware of the workers’ compensation benefits that are available for workplace violence in South Florida. These benefits can help to cover the costs of medical treatment and lost wages, and can provide some financial security in the event that you are the victim of workplace violence. If you are concerned about workplace violence, be sure to speak to your employer and learn more about their policies and procedures. You should also familiarize yourself with the workers’ compensation system and know how to file a claim should you need to.

Avard Law offers you the services of seasoned workers’ compensation lawyers in Florida who can help you get the benefits you are entitled to after your workplace injury. Contact Avard Law today to set up a consultation!