Workplace Violence Injury Settlement: Your Legal Options

Understanding Workplace Violence Injuries

Workplace violence is a serious and growing concern that affects workers across all industries and occupations. The Occupational Safety and Health Administration defines workplace violence as any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. This includes assaults by coworkers, customers, clients, patients, and strangers who enter the workplace.

According to the Bureau of Labor Statistics, workplace violence accounts for approximately 20,000 injuries and nearly 500 fatalities each year in the United States. Healthcare workers, retail employees, social service workers, law enforcement officers, and those who work with the public are at particularly high risk. The physical, emotional, and financial consequences of workplace violence can be devastating, and understanding your legal options for seeking compensation is essential.

Types of Workplace Violence

Workplace violence takes many forms, and the type of violence affects both the legal analysis and the potential sources of compensation.

Violence by Outsiders

This category includes criminal acts committed by individuals who have no legitimate relationship with the workplace, such as robberies, random attacks, and acts of terrorism. Retail workers, taxi drivers, and others who handle money or work alone are particularly vulnerable to this type of violence.

Violence by Customers or Clients

Healthcare workers, social service providers, teachers, and others who interact with the public may be assaulted by patients, clients, students, or customers. This type of violence is particularly common in healthcare settings, where patients with mental health conditions, substance abuse issues, or cognitive impairments may become aggressive.

Violence by Coworkers

Assaults by current or former coworkers, including bullying, harassment, and physical attacks, constitute a significant portion of workplace violence incidents. These situations often involve interpersonal conflicts, workplace disputes, or retaliation.

Domestic Violence in the Workplace

When an employee's domestic partner or family member comes to the workplace and commits an act of violence, it is classified as domestic violence that spills into the workplace. These incidents can affect not only the targeted employee but also coworkers and bystanders.

Workers' Compensation for Workplace Violence Injuries

In most states, injuries caused by workplace violence are covered by workers' compensation, regardless of who committed the act of violence.

Coverage for Physical Injuries

Workers' compensation covers the medical treatment, wage replacement, and disability benefits for physical injuries sustained in workplace violence incidents. This includes emergency medical care, surgery, hospitalization, physical therapy, and ongoing treatment for injuries such as fractures, lacerations, traumatic brain injuries, and other physical harm.

Coverage for Psychological Injuries

Many states also provide workers' compensation benefits for psychological injuries resulting from workplace violence, including post-traumatic stress disorder, anxiety, depression, and other mental health conditions. However, the rules for psychological injury claims vary by state, and some states impose additional requirements for mental health claims, such as requiring that the psychological injury be accompanied by a physical injury.

Benefits Available

Workers' comp benefits for workplace violence injuries typically include full coverage of medical expenses, temporary disability payments while you are unable to work, permanent disability benefits if your injuries result in lasting impairment, vocational rehabilitation if you cannot return to your previous job, and death benefits for surviving family members in fatal workplace violence cases.

Third-Party Claims for Workplace Violence

In addition to workers' compensation, you may be able to pursue third-party claims against parties other than your employer whose negligence contributed to the workplace violence incident.

Claims Against the Attacker

You can file a personal injury lawsuit directly against the person who assaulted you. While the attacker may not have significant financial resources, a civil judgment can be enforced against their assets and future earnings. If the attacker has homeowner's or renter's insurance, their policy may cover the claim.

Claims Against Property Owners

If the workplace violence occurred on property owned by someone other than your employer, the property owner may be liable for failing to provide adequate security. This is particularly relevant for workers who are assigned to work at client sites, retail locations, or other third-party properties.

Claims Against Security Companies

If a security company was responsible for protecting the workplace and failed to prevent the violence, they may be liable for negligent security. This can include failure to properly screen visitors, failure to respond to threats, and inadequate security staffing.

Employer Liability Beyond Workers' Comp

While workers' compensation is typically the exclusive remedy against your employer for workplace injuries, there are exceptions that may allow you to pursue additional claims against your employer.

Intentional Conduct

If your employer intentionally caused or facilitated the workplace violence, you may be able to sue them outside of the workers' comp system. This is a high bar to meet but can apply in cases where the employer directed or encouraged the violence, knowingly placed you in a dangerous situation with the intent to cause harm, or engaged in conduct so egregious that it goes beyond mere negligence.

Negligent Hiring and Retention

Some states allow claims against employers for negligent hiring, retention, or supervision of employees who commit workplace violence. If the employer knew or should have known that the employee had a history of violence and failed to take appropriate action, they may be liable.

Failure to Provide a Safe Workplace

Under OSHA's General Duty Clause, employers are required to provide a workplace free from recognized hazards. If the employer failed to implement reasonable security measures, ignored known threats, or failed to address a pattern of violence, they may face OSHA citations and potential liability.

Average Workplace Violence Settlement Amounts

Settlement amounts for workplace violence injuries vary widely based on the severity of injuries, the type of claim, and the liable parties.

Minor Physical Injuries

Cases involving minor physical injuries such as bruises, minor cuts, and soft tissue damage typically settle in the range of $15,000 to $50,000 through workers' compensation. Third-party claims for minor injuries may settle for $25,000 to $75,000.

Moderate Physical Injuries

Moderate injuries including broken bones, concussions, and injuries requiring surgery generally settle between $50,000 and $200,000 through workers' comp. Third-party claims for moderate injuries can settle for $75,000 to $300,000.

Severe Physical Injuries

Severe injuries such as traumatic brain injuries, spinal cord injuries, gunshot wounds, and stab wounds can settle for $200,000 to $1 million or more through combined workers' comp and third-party claims.

Psychological Injuries

Claims for PTSD, anxiety, depression, and other psychological injuries resulting from workplace violence typically settle in the range of $25,000 to $150,000 through workers' comp. Third-party claims that include psychological damages can settle for significantly more.

Wrongful Death

Fatal workplace violence cases can result in combined workers' comp death benefits and wrongful death settlements ranging from $500,000 to several million dollars.

Preventing Workplace Violence

While this guide focuses on legal remedies after workplace violence, prevention is always the best approach. Employers should implement comprehensive workplace violence prevention programs that include threat assessment and management procedures, employee training on recognizing and reporting warning signs, security measures appropriate to the workplace's risk level, clear policies prohibiting violence and harassment, employee assistance programs for workers experiencing personal crises, and incident response plans for active violence situations.

Steps to Take After Workplace Violence

If you are a victim of workplace violence, taking the right steps can protect your health and strengthen your legal claims.

Ensure Your Safety

Your immediate safety is the top priority. Remove yourself from the dangerous situation and call 911 if the threat is ongoing.

Seek Medical Attention

Get medical treatment immediately for any physical injuries. Also seek evaluation for psychological trauma, as the emotional effects of workplace violence can be significant and may not be immediately apparent.

Report the Incident

Report the incident to your employer, law enforcement, and any relevant regulatory agencies. File a written incident report and keep a copy for your records.

Document Everything

Photograph your injuries, the scene of the incident, and any evidence of the attack. Write down a detailed account of what happened while the events are fresh in your memory. Gather contact information from any witnesses.

File a Workers' Comp Claim

File your workers' compensation claim as soon as possible. Your employer should provide you with the necessary forms and information.

Consult an Attorney

An experienced attorney can evaluate your case, identify all potential sources of compensation, and help you navigate the complex intersection of workers' comp, personal injury, and employment law.

Conclusion

Workplace violence injuries can have devastating physical, emotional, and financial consequences. Understanding your legal options, including workers' compensation benefits and third-party claims, is essential for achieving fair compensation. Whether you were assaulted by a coworker, customer, or stranger, you have legal rights that deserve to be protected.

Use our free settlement calculator to get an estimate of what your workplace violence injury claim may be worth. Our tool considers your injury type, treatment costs, and other factors to provide a personalized estimate that can help guide your next steps.

The Psychological Impact of Workplace Violence

The psychological effects of workplace violence are often as significant as the physical injuries, and they deserve full recognition in your claim.

Post-Traumatic Stress Disorder

PTSD is one of the most common psychological consequences of workplace violence. Symptoms can include flashbacks, nightmares, severe anxiety, hypervigilance, avoidance of the workplace or similar environments, and emotional numbness. PTSD can persist for years and may require long-term therapy and medication.

Fear of Returning to Work

Many workplace violence victims experience intense fear and anxiety about returning to work, even after their physical injuries have healed. This fear can prevent them from returning to their previous job or any similar work environment, resulting in significant lost earning capacity.

Depression and Anxiety

The trauma of workplace violence can trigger depression, generalized anxiety disorder, and other mental health conditions that affect every aspect of the victim's life. These conditions may require ongoing treatment and can significantly reduce quality of life.

Impact on Career and Professional Identity

For many people, their career is a central part of their identity. When workplace violence forces a career change or prevents someone from working altogether, the loss of professional identity can be devastating. This psychological impact should be reflected in your settlement demand.

Employer Responsibilities Under OSHA

The Occupational Safety and Health Administration requires employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm. This general duty clause applies to workplace violence hazards, and employers who fail to address known violence risks can face OSHA citations and penalties.

Risk Assessment

Employers should conduct regular risk assessments to identify workplace violence hazards specific to their industry and work environment. Factors to consider include the nature of the work, the population served, the work setting, and any history of violence or threats.

Written Prevention Programs

OSHA recommends that employers develop written workplace violence prevention programs that include management commitment, employee involvement, hazard assessment, hazard prevention and control, training, and recordkeeping. Employers who fail to implement these programs may face increased liability when violence occurs.

Training Requirements

Employers should provide training to all employees on recognizing warning signs of potential violence, de-escalation techniques, emergency response procedures, and reporting protocols. Inadequate training can be evidence of employer negligence in workplace violence cases.

The Intersection of Criminal and Civil Cases

Workplace violence often involves criminal conduct, and the criminal case can affect your civil claim in several ways. A criminal conviction of the attacker can be used as evidence in your civil case to establish liability. Restitution ordered in the criminal case may be credited against your civil damages. The criminal investigation may produce evidence that is useful in your civil claim. However, you do not need to wait for the criminal case to conclude before pursuing your civil claim, and the outcome of the criminal case does not determine the outcome of your civil case.