It is not uncommon for disagreements to arise in the workplace. When arguments become physical, they can lead to harm that causes emotional and physical trauma and loss of income. People who sustain injuries at work can often recover workers’ compensation benefits for their losses, even if their damages were caused by a violent act. If you suffered a workplace violence injury, you should meet with an attorney to discuss your rights. Joseph Richards of Law Offices of Joseph Richards, P.C., is a capable Orange County workers’ compensation lawyer dedicated to helping people hurt at work seek redress for their losses, and if he represents a client, he will advocate aggressively on his client’s behalf. Our Santa Ana office is in Orange County, and we have a Corona office in Riverside County. We regularly aid injured employees in the pursuit of workers’ compensation benefits throughout Southern California.
California employers have a legal duty to maintain a safe work environment that is free of recognized dangers that are likely to cause serious injuries. Such dangers include, in part, threats or acts of physical violence. California employers also are obliged to provide workers’ compensation benefits to employees who suffer workplace harm, pursuant to the Workers’ Compensation Act. Thus, if an employee can demonstrate that an injury caused by a violent act arose out of his or her employment and in the course of performance of job-related duties, it may be compensable. This means affected employees may be entitled to compensation.
Whether an injury caused by a violent or criminal act renders an employee eligible for workers’ compensation benefits depends on the facts of the case. Common examples of workplace violence injuries that may constitute grounds for awarding workers’ compensation benefits include harm caused by a violent robbery at a store, wounds caused by a patient sexually assaulting a nurse or home health care aid, or injuries a corrections officer suffers while breaking up a fight between inmates. People who suffer injuries due to violent acts that arise of personal conflicts that are unrelated to their jobs may not be eligible for workers’ compensation benefits, however. For example, if a romantic partner assaults an employee in his or her workplace, it is possible, but highly unlikely any injuries suffered would be considered work-related.
Employees who suffer workplace violence injuries that are deemed work-related may be granted disability benefits and medical benefits. Disability benefits are meant to offset wage loss employees experience due to work-related harm. People who cannot work may be awarded temporary disability benefits at a rate of two-thirds of their average weekly wage before they were injured. Temporary disability benefits may be paid for up to 104 weeks from the date of disability and wage loss subject to statutory limits.
People who suffer lasting harm due to their workplace injuries may be awarded permanent partial or total disability benefits. Employees that suffer permanent total disabilities will receive benefits at a rate of two-thirds of their average weekly wages prior to their harm. The benefits paid to those that suffer permanent partial disability will vary depending on their permanent disability rating, which indicates the extent to which they are disabled.
Medical benefits cover the cost of any treatment employees require for their work-related injuries. This may include hospitalizations, prescriptions, adaptive devices, and therapy, as well as the reimbursement of cost of travel to and from any medical appointments.
Aggressive and criminal attacks frequently not only lead to bodily harm, but they cause psychological trauma as well, and people hurt by such behavior while working may be able to recover workers’ compensation benefits. If you sustained a workplace violence injury, it is in your best interest to speak to a workers’ compensation attorney as soon as possible. Joseph Richards of Law Office of Joseph Richards, P.C., is an experienced attorney, and he can gather the evidence needed to provide clients with a strong chance of obtaining a favorable result. We have offices in Orange County and Riverside County, and we help injured employees in workers’ compensation matters in Santa Ana, Anaheim, Irvine, Moreno Valley, El Centro, Corona, Temecula, Costa Mesa, Long Beach, Fontana, San Bernardino, Rancho Cucamonga, and San Diego. We represent injured employees in workers’ compensation claims in other cities in Orange County as well as in Riverside, Los Angeles, Imperial, San Bernardino, and San Diego Counties. Potential clients can reach the Law Office at (888) 883-6588 or via our online form to schedule an appointment for a free consultation.