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Assault & Workers' Compensation in Florida

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Disagreements and arguments may occur in the workplace from time to time. However, such disputes can erupt into violent threats or even a physical altercation.

What If I’m Assaulted at the Workplace?

Workplace violence involves an act or threat of violence while on the job. Common examples of workplace violence include intimidation, harassment, and physical violence. Workplace violence may involve employers, coworkers, and even third parties like clients or customers.

When an employee suffers an injury caused by workplace assault in Florida, he/she is entitled to workers’ compensation benefits in Florida. The injured worker must prove that the attack occurred at the workplace or during the scope of employment.

What If I’m Assaulted by My Employer?

If an employer attacks an employee and the latter sustains injuries, not only can the worker qualify for workers’ compensation benefits, but he can also pursue additional damages, such as pain and suffering. Normally, workers’ comp benefits only cover medical expenses and lost wages, but not noneconomic damages. However, if an employer engages in gross negligence, such as intentionally placing an employee at risk of injury or death, then the injured work can recover pain and suffering damages.

What If I’m Assaulted by a Third Party?

If an employee was assaulted by a third party like a client or contractor during the scope of employment, the injured work can pursue both workers’ compensation benefits and a personal injury lawsuit to cover additional damages, such as pain and suffering. Third-party claims generally provide more benefits.

How to Prevent Workplace Violence

Employers are responsible for their workforce. Even if they are not directly involved in an assault, they must protect their employees from any hazards, including workplace violence.

Employers may take preventative measures, such as one-on-one meetings to check on each worker’s well-being, rearranging workstations to separate certain employees, or act as mediators when issues arise.

If you have been injured due to workplace assault in Tampa Bay, contact Paulsen Law Group today to schedule a free initial consultation. Also serving clients in Clearwater, St. Petersburg, Largo, and New Port Richey!

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