When people think about workplace hazards, they may think of them coming from the job itself. Workers may think of things like an accident with the machinery causing an accident or injury. However, these are not the only sources of injuries to employees. Other people can also be a hazard for New York workers. More specifically, workers can be in danger of workplace violence.
While thinking about workplace violence, people may think about mass murder situations or situations involving third parties. However, according to data most workplace violence is not that extreme. In general, workplace violence includes threats of physical violence, verbal or physical assaults, bullying, harassment or other similar behaviors.
When worker is injured because of workplace drama and violence, that worker may have the right to take legal action against the person’s employer person. While a civil suit maybe warranted, worker’s compensation benefits might also be available. In some cases, even, worker’s compensation laws may bar in employee from seeking compensation elsewhere.
Under worker’s compensation laws, workers must seek a worker’s compensation benefits for injuries caused by other people that were the result of an employer’s negligent hiring, supervision or retention. This means, that while in other situations the civil suit maybe warranted, a worker must seek compensation from the worker’s compensation system instead of the civil suit.
However, there are exceptions to this rule. For example, in many jurisdictions, employees who are injured as a result of sexual harassment do not need to seek compensation under the worker’s compensation system.
It is important for New York workers who have been injured at work to understand their rights to compensation. It is not always easy to determine exactly where this compensation should come from. Therefore, New York workers need to seek specific legal advice, which this blog post cannot provide. An attorney on the other hand may be able to help people with their specific legal questions.