How To Deal With Assault In The Florida Workplace
Brian O Sutter
Workers’ Compensation
Extremely busy spaces like the workplace are no stranger to disagreements and arguments. There are times when these heated office exchanges can escalate into a full-blown fight, which can lead to office assault. If you are on the receiving end of the blow, here are the things that you should know.How Do You Define Assault?
In Florida, assault is defined as any intentional act or threat of violence towards another person. When someone tries to harm another, whether by actions or by words, regardless if they can inflict any damages, the action can be counted as assault. The victim of said assault can file for a workers’ compensation claim and lawsuit.
Workplace Assault Liability
The employee who committed an assault on a fellow employee can exclusively be held liable for any injuries they inflicted towards the other when it is proven that the assault was not work-related and that the employer refused to tolerate the behavior. The employee who did the act can also be accounted for financial damages.
On the other hand, employers can also be held accountable when proven that they, in any way, contributed to the assault. This means that they may have provoked or encouraged their employees into committing the act, refused to stop the assault despite knowing that it would happen, or because of employer negligence. For instance, if the employer decided to ignore cases of bullying in the workplace, they can also be held liable for the assault that took place as they let it escalate.
Workers’ Compensation
Employers in Florida are required to have workers’ compensation insurance as stated by the state law. A victim of workplace assault who sustained injuries cannot file for a personal injury claim against the employer but they can file for a workers’ compensation. Under the workers’ compensation policy, employees are compensated for any injuries that they would acquire in the workplace, including injuries and damages from being assaulted by a fellow employee.
Preventing Workplace Violence
It would be in the best interests of employers to prevent workplace assault from happening. Not only is workplace violence disruptive to work operations, but it can also make employers accountable. Common occurrences that can lead to violence in the workplace are bullying, pressure, abusive bosses, arguments and disagreements, and competition. With these in mind, employers should know how to handle and manage their employees and have the responsibility to lead them properly.
Some of the efforts that employers can do to prevent workplace assault are:
• Properly communicating with their employees and checking in from time to time.
• Organizing meetings and get-togethers.
• Observing employee relationships and behavior towards each other.
• Addressing identifiable problems before they escalate.
Workplace assault and violence is a complex case to deal with especially that there are different parties involved. Having a lawyer who is familiar with the setup and workplace situations can help you deal with workplace assault easily and fairly.