Fighting Workplace Violence

Jan 17, 2014 by

Work-related injuries are one of the most common forms of personal injuries that are flooding the U.S. courts today. Many forms of work-related injuries can happen to an employee, and these injuries can be taken to civil court as a personal injury claim. There are other personal injury claims, however, that can be taken to criminal courts, and these types of injuries are of the intentional tort types.

Any injuries that were done intentionally can be grounds for a criminal case. Among such instances are assault and battery charges that resulted to injuries of the worker. These two charges often go together, but they are separate legal claims that a worker can use. Assault is the danger of imminent physical harm, where a worker is unlawfully threatened or was attempted with physical harm by another person. Battery, on the other hand, refers to the actual physical contact after the threat was made. It is the physical manifestation of the threat that was given to the worker, which resulted to harmful and/or offensive injuries or contact.

Employers have the responsibility to ensure that such workplace violence is prevented, otherwise they can also be held liable to an extent. In order to understand the legal aspects of these risks and issues, law firms such as Hach & Rose, LLP can assist in explaining your rights and freedoms in the workplace. Injury resulting from assault and battery in the workplace can be covered by workers’ compensation. A worker can file a personal injury claim regarding assault and battery against their employer if they have subsequent proof of the employer’s negligence or involvement in intentional misconduct. Better to ask a lawyer regarding these concerns since there are certain differences in each state law.

Workplace violence that resulted to or can result in injuries need to be addressed. Any acts that can be disruptive in the workplace, which could eventually lead to accidents or injuries, should be reported and attended to to prevent any form or workplace violence and protect the rights of both the employer and employee.

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