Are you a victim of workplace violence? Greenville workplace violence lawyer Bobby Jones can protect your legal rights and pursue your compensation.
If you are the victim of workplace violence, you may deserve workers’ compensation benefits and a monetary payment through a civil legal action. Robert “Bobby” Jones is an experienced lawyer serving Greenville, SC, and the surrounding areas.
Ask for your free consultation and start your case today. Contact us now.
Experienced Legal Representation for Victims of Violence at Work
Knowing what to do when workplace violence occurs isn’t always easy. There may be multiple things available to you – workers’ compensation and a legal claim for compensation. It can be hard to know what you can do and how to get the help that you deserve.
Bobby Jones and his professional team can help. They can represent you throughout the entire process, claiming the benefits and compensation that you deserve.
Call or message us today for a consultation about your case.
Help for workplace violence victims in South Carolina
Occupational violence is sadly common in South Carolina and throughout the United States. According to the Bureau of Labor Statistics, 20,050 people in the U.S. lost working hours to workplace violence in 2020.
Many of these injuries are serious, with 44% of victims requiring three or more working days to recover. While violence can occur in any job, the healthcare and social sciences professions have the most workplace violence.
Workers’ Compensation Benefits for Workplace Violence Victims
A victim of workplace violence may qualify to receive the following:
- Medical care at no cost
- Replacement income for lost work
- Disability benefits for injuries that do not fully heal
The victim may receive medical care from an authorized provider at no cost. The care may continue until they reach maximum medical improvement. It is up to the employer to choose the healthcare provider for these services.
Replacement income may provide 2/3 of the worker’s wages before the injury, subject to a weekly minimum and maximum. A victim is eligible for income replacement if they can’t work at all, or if they work in a reduced capacity, earning less than they did before.
Disability benefits compensate the victim for permanent injury or disfigurement that persists despite medical treatment. When injuries do not fully heal, disability compensation may be appropriate.
Unfortunately, pain and suffering is not part of the South Carolina workers’ compensation system. If you qualify to bring a third-party legal claim, you may be eligible to claim pain and suffering.
Types of Workplace Violence
- Assault and battery
- Using an object, equipment, or vehicle to strike a person
- Assault with a dangerous weapon, including gun violence
- Stalking, harassment, and threats
- Tampering with equipment or otherwise causing another employee to get injured
Employee and non-employee violence
It isn’t just employees that harm each other. There are many people who can perpetrate workplace violence. Customers, vendors, contractors, employees and other parties can all commit workplace violence. The question for workers’ compensation coverage is whether the injuries arise from and occur in the scope of employment.
Are you wondering if your case qualifies for workers’ compensation? Talk to a Greenville workers’ compensation lawyer now. Call Bobby Jones Law for a personalized consultation about your case.
Does workers’ comp cover workplace violence in South Carolina?
It depends. Workers’ comp covers violence if it occurs in the course or scope of the victim’s employment. For example, a customer striking you because they are upset about a company policy is probably covered. However, an upset friend or family member who comes to your work and harms you about a personal matter is more likely to be a civil tort.
Examples of workplace violence that may qualify for the workers’ compensation program
Here are some examples of workplace violence situations that may qualify for workers’ compensation.
- You say something that upsets a coworker, and they assault you
- A coworker intentionally interferes with machinery, equipment, or a vehicle, so something malfunctions and you get hurt
- During a robbery, you are physically shoved, or hurt by falling objects, jostling, or a weapon
- A disgruntled customer throws a fixture, and it strikes you
- Injuries occur while an employee or customer is destroying property
- An active shooter scenario
This is not a complete list. Each situation depends on its unique facts and circumstances.
Examples of workplace violence that are excluded
Workers’ compensation may not cover your claim if it involves:
- Personal grievances that are not work-related
- Common illnesses of life
- Domestic violence
Whether a violent scenario falls under workers’ compensation depends on what happened. Domestic violence that occurs at the workplace is not covered, even though it happens at work. To be covered, the harm must occur in the course of employment.
How do I get workers’ compensation for workplace violence?
When workplace violence occurs, call 911, if necessary. Secure your immediate safety. If you need immediate medical attention, get it in a timely manner.
As soon as possible, tell your employer about the incident. It’s best to tell them in writing, but you may also tell them orally. You may receive medical care from a healthcare provider that your employer chooses. If you miss work because of injuries, you may also receive wage compensation. Complete the necessary form to request your benefits and a hearing, if needed.
What can I do if my workers’ compensation benefits are denied?
You have the right to a hearing if your workers’ compensation benefits are denied. You may file a claim for benefits to have the matter heard before a commissioner. They make a decision on the benefits you should receive.
There are many legal issues that may be present in a claim involving workplace violence. Is the claim covered by workers’ compensation? Am I getting the medical care that I need and deserve? Are my wage benefits correctly calculated? Is my disability pay correct?
Bobby Jones and his team can help. We are an experienced team that focuses our legal practice on serving members of the community.
Free Consultation – Taking New Cases
Talk to a Greenville workplace violence lawyer today. Get experienced legal counsel for your situation. Bobby Jones is proud to help members of the Greenville, SC, community and surrounding areas.
Call or message us today to begin.