Experiencing violent activity at the workplace — such as getting shot or beat up — can be physically and psychologically demanding. If you are in this position, South Carolina law may empower you to file a claim for benefits under the workers’ compensation system. Under this law, you may be eligible for a settlement to cover your losses — including your medical expenses and docked wages. Reach out to a workplace violence lawyer at Williams & Roche, LLC, to start your healing journey. Our South Carolina attorneys understand the challenges you may face if you are out of work because a disgruntled coworker or customer harmed you. Our team stands ready to help support and guide you through the legal process by taking over the grunt work while you focus on healing.
What Is Workplace Violence?
Anytime someone acts out verbally or physically where people work, this counts as workplace violence. People in many different types of professions are at risk of getting hurt on the job due to violent activity. According to the National Institute for Occupational Safety and Health, nurses and other healthcare workers have an increased risk of experiencing violence while at work. For example, the Bureau of Labor Statistics reports that 207 healthcare workers died because of workplace brutality between 2016 and 2020.
Types of Workplace Violence
There are many different ways that angry customers, enraged coworkers, or other third parties (like subcontractors) may harm others. For example, hitting, kicking, biting, slapping, or punching are different ways someone may physically assault another. Agitated and dangerous employees and customers may even go so far as to bring a gun, knife, or other weapon to the establishment and wound or kill others.
How Employers Fail to Address Workplace Violence
In an ideal world, employers would take everyone’s claims or concerns seriously and take steps to protect their workforce. That said, many employers still take an off-hand approach to worker safety, even if they run the risk of putting others in harm’s way. For example, despite repeated requests to fix a broken lock on the office’s backdoor, the employer may let it fall into disrepair. As a result, a violent customer can break in during the evening hours to vandalize the building and attack someone on the inside. Additionally, the employer may not set up safeguards to protect employees from customers while out in the field — e.g., while doing house checks.
Can Victims of Workplace Violence Obtain Workers’ Compensation Benefits in South Carolina?
Under South Carolina law, workers may qualify for compensation if they suffer an on-the-job injury. This includes when they are the victim of workplace violence, such as a shooting or assault. The employee would have to prove they were hurt while on the clock and acting within the scope of their employment.
Additionally, they would need to show that they are a qualifying employee. Independent contractors are ineligible for workers’ compensation; however, they may qualify for benefits if they meet the legal definition of an employee.
Employee and non-employee violence
Someone’s losses may still qualify as work-related even if the person who injured them was a non-employee. For example, if an angry customer punches a cashier in the nose, this may meet the definition of a work injury. Likewise, if a disgruntled employee brings a gun to work and a coworker gets hit by a stray bullet, this may also fall under the umbrella of a job-related accident.
Examples of workplace violence that may qualify for the workers’ compensation program
Job site violence that may qualify someone for workers’ compensation includes a rogue customer throwing merchandise at a floor worker. Additionally, if a customer sexually assaults an employee, this may also meet the definition of a job-related loss.
Examples of workplace violence that are excluded from workers’ compensation
Workplace violence does not meet the definition of a job-related loss if it is the result of the employee’s intentional or reckless conduct. For example, if the worker is high while at their job and gets into a fight with a colleague, this may fall outside the scope of their employment. As a result, they may be ineligible for benefits on this basis.
Workers’ Compensation Benefits for Workplace Violence Victims
If you qualify for benefits, you may receive a range of benefits. For example, your employer may pay for your covered medical bills. This might include the initial urgent care or emergency room visit, follow-up appointments, operations, and prescription costs. Additionally, as explained in the South Carolina workers’ compensation law, you might receive wage loss payments to help support you while you are unable to work.
A workplace violence attorney can help you identify what types of financial relief you may receive for your injuries. They have the tools to research the rules and carefully review the evidence in your case. They can use this information to figure out what types of benefits you qualify for and how to request these.
What Can I Do if My Workers’ Compensation Benefits Are Denied?
If your employer or their insurer denies your request for benefits, South Carolina law may give you the option to file an appeal with the Workers’ Compensation Commission. During this process, the Commission takes a thorough look at all the paperwork submitted throughout the claims process. They may also ask you to be evaluated by a special doctor who can measure the percentage of your disability. At the end of this investigation, the Commission may ask you, your attorney, your employer, and your employer’s insurer to participate in a hearing. When the hearing is over, the Commission will make a final decision about the case.
Experienced Legal Representation for Victims of Violence at Work
The trauma of a violent encounter at work can have enormous impacts on your physical and mental health. While the workers’ compensation system may cover your losses, you may need help taking this step. Instead of trying to carry this burden on your own, consider the potential relief you may feel by having a knowledgeable advocate take care of it for you.
At Williams & Roche, LLC, we focus our efforts and attention on helping injured workers gain access to the benefits they are entitled to under the law. One of our founding attorneys, Derrick Williams, is on the National Academy of Distinguished Neutrals. Reach out to a workplace violence lawyer on our South Carolina team today by calling 803.784.0503 to set up an initial consultation.
