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What To Do When You Are Attacked In The Workplace?

Sometimes, simple disagreements can lead to exploding arguments. Florida offices are not new to this as it also happens everywhere else. Regardless of the time and place, dealing with an assault in the workplace can be complicated as there are lots of factors in play. From the people involved, the cause of the assault, to identifying who is liable, filing a case following an attack can be tedious. Let us guide you and tell you what you need to know after a workplace assault.

What Do We Mean By Assault?

Florida law defines assault as an act of violence against a person by another person that is done intentionally, whether or not it has caused damages. The act of violence can either be in the form of physical harm or verbal harm. A victim of an office assault can respond in two ways: file a lawsuit or apply for a workers’ compensation claim.

A workers’ compensation insurance is required under Florida Law for employers to have. According to the workers’ compensation policy, employees who are harmed or have sustained injuries in the workplace should be compensated under the workers’ compensation insurance. Injuries following an assault will follow under this and not under a personal injury claim.

Identifying Liability

As mentioned earlier, there are different factors to look at when investigating an office assault. Knowing the causes leading to the act of violence can help determine who can be faulted for the attack. For instance, the attacker alone can be held liable for the assault when proven that the attack was not, in any way, related to work and that the employer has proven that they did not tolerate or support the behavior. The attacker will then be held responsible for any injury claims that the victim will file, such as financial damages.

Employers can also be held accountable even if they are not directly involved in the assault. An investigation will see to it that the employer never encouraged, provoked, and added fuel to the fire on the ire between their employees. Otherwise, if the employer had any influence on the attack or has shown indifference toward their employees’ unnatural behavior, they may be held accountable for negligence.

How To Avoid Assault In The Workplace

Employers are responsible for their employees. Even if they do not have any involvement in the case, they should do their best to prevent these situations from happening. Workplace assault can bring about more negativity in the workplace and unknowingly cause a second, third, and even fourth case.

Employers should be aware of what kinds of behavior can lead to an employee attacking another, such as unhealthy competition, favoritism, bullying, incompatible personalities, stress, and work pressure. Knowing these can help you come up with preventive measures such as:

• Rearranging work stations to minimize contact between employees who are prone to disagreements
• One-on-one meetings to check the well-being of employees
• Mental Health Day and necessary work breaks
• Acting as a mediator when problems and disagreements arise

Assault is no joke and can leave a negative impact even for the employees who are not involved in the case. Getting a lawyer who has seen and dealt with these kinds of situations before would be a great help in holding the right person accountable and treating your employees fairly.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

What To Do When You Are Attacked In The Workplace?

Goldman Babboni Fernandez
Murphy & Walsh

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