Is Workplace Violence a Compensable Claim in Georgia?

July 17, 2019 - 10:38 pm
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For many of us, when we hear the words “workplace violence”, we immediately assume mass shooting. But in reality, mass shootings are rare. The real violence happening in the workplace is that of daily threats faced by many workers. Unfortunately though, many businesses under-report non-fatal injuries and illnesses that came to be as a result of workplace violence. Workers also underreport these incidents and feel that violence is simply part of their job. The fact is that the problem of workplace violence needs to be addressed, talked about, and fixed as it has become a very complex issue for both workers and employers alike. If you have been the victim of workplace violence, you may be entitled to receive workers’ compensation benefits. It all comes down to the specific circumstances.

Workplace Violence Statistics

According to the 2018-2019 Workplace Safety and Preparedness Report, each year, nearly 2 million U.S. workers become victims of workplace violence. Out of all 7 possible causes of workplace death, homicides make up 9%. And the third leading cause of death for workers in the healthcare and professional services industries is due to workplace violence. In addition, 1 out of every 4 workers will be victimized while  the annual losses due to workplace violence surpass $121 billion.

Why is Workplace Violence so Underreported?

There are many reasons why violence in the workplace goes under-reported. Many businesses lack awareness. Lack of communication is another reason it goes unreported by businesses. Workers who don’t report it often fear retaliation, especially if they are dealing with a workplace bully. Usually the bully has acted out violently before and co-workers don’t want to be on the other side of his or her fury. Some workers’ fear the reaction they will get from fellow employees and supervisors, and want to avoid being called a rat or the office snitch. Other reasons include lack of training, lack of policy, and a lack of incentive to make the report.

Workplace Violence and Workers’ Compensation

Have you ever wondered what happens when someone is injured due to violence that occurs between co-workers? Or if the injuries sustained as a result of this violence are compensable under Georgia workers’ compensation law? Here is some clarification. In general, if you are the victim of violence that takes place in the course and scope of your employment—and it is related to your work—then you probably have a compensable claim. Now, if the violence has to do with something outside of the workplace, then it will not be compensable. Additionally, if you were the one who started the fight you will likely not have a compensable claim. Under Georgia’s Workers’ Compensation Law, workers who are injured on the job are entitled to compensation for related medical expenses. They are also entitled temporary or permanent partial disability payments. It is essential that you consult with an attorney if you are the victim of workplace violence. 

 

The underreporting problem causes a skewed picture of how much violence there really is in the workplace. This results in workers’ being insufficiently protected.There are measures that can be implemented to help prevent violence and it is essential that policies are enforced and sanctions applied as needed. If you are a victim of workplace violence, contact a workers’ comp attorney at once for a consultation. You need to make sure your rights are protected and that you get all of the help you deserve.

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