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Does Texas Workers’ Compensation Cover Workplace Violence?

Workplace violence is very unfortunate and can put you under a lot of stress. And this is a serious problem throughout the United States. More than three million workers are subject to violence every year in the country.

This is a discovery that has been made in a report by OSHA (Occupational Safety and Health Administration). In the United States, violent attacks and other injuries are the third-leading main cause of death in workplace injuries.

And with so many incidents happening in Texas, one might wonder if the Texas workers’ compensation covers workplace violence or not? Find out more about workplace violence and its compensation in this article. Let’s start by finding out more about what is workplace violence.

What Is Workplace Violence?

A certain action or prospect of physical aggression, blackmail, harassment, or other potentially disruptive behavior that occurs in a workplace is deemed as workplace violence. Attacks and verbal harassment are common, as are physical attacks and even homicide.

Workers, consumers, visitors, and tourists might become a part of it. As a result, it can lead to an injury, and in some cases, wrongful death. And this is why workplace violence is now becoming a major problem not just for employees but employers as well.

Actions That Can Be Counted as Workplace Violence:

There are many acts that the US state and federal laws classify as acts of aggression. Here are some of the common ways through which workers can suffer workplace violence:

  • Foul language or insulting someone are examples of verbal abuse
  • Trying to hit, striking, stabbing, or opening fire at a worker are all examples of physical attacks
  • Hostile behaviors are those that an individual commits intending to irritate, annoy, scare, verbally assault, or intimidate another person
  • Damage to property, hurling items at an individual, and swinging a fist or performing another menacing action to someone are all examples of threatening behaviors
  • Threats of injury, both oral and in writing

All of this can put an individual under a lot of stress. Workers facing workplace violence can suffer from PTSD (post-traumatic stress disorder), life-altering injuries, and even wrongful injuries.

Factors That Can Lead to Workplace Injuries:

Various reasons can be behind workplace violence. Be it because of working in high-crime areas or a brawl with the customer it can quickly escalate into a situation that can lead to workplace violence.

Nevertheless, below are a few the factors that are quite common which can result in an unfortunate scenario:

  • Having a shift timing during unusual hours such as early in the morning or late in the night
  • Not many colleagues around you or, in some cases, completely alone at the duty
  • Working in places that results in interaction with potentially dangerous people, such as law enforcement agencies or hospitals
  • Having regular interaction with the general public
  • Dealing in things that are of significant value, such as money, high-end jewelry, etc.
  • Functioning in the transit, cargo, or service transportation industry

Texas Workers’ Compensation Claims:

The state of Texas takes the protection and well-being of employees very seriously. Therefore, if you are subject to any workplace violence, you can file a Texas workers’ compensation claim. You can pursue either of the options to pursue a settlement:

Benefits from Workers’ Compensation:

It is the responsibility of your employer to ensure a secure workplace environment for you. And therefore, any accident due to their negligence gives you the right to file a Texas workers’ compensation claim.

You may be able to file a workers’ compensation claim against them if they are irresponsible in their safety duties. But, you can only receive workers’ compensation benefits if the aggressive actions of a boss or another colleague resulted in your injury.

And pursuing the lawsuit may be more challenging. There are quite a few variables you need would have to look at. For instance, establishing that your injuries are due to the violent conduct of your colleagues is difficult to establish.

Third-Party Lawsuit:

This lawsuit is against individuals who are not a part of your organization. If an individual is responsible for your injuries due to their violent acts, then you can file a third-party lawsuit against them. It can be anyone not working for your company such as customers, visitors, strangers, etc.

Find Yourself a Qualified Attorney:

If you or anyone close to you have been part of an unfortunate workplace violence incident, then you need to contact an attorney. We at Houston injury lawyers are here at your service. We will pursue your Texas workers’ compensation claim with our full strength to ensure you get the compensation you deserve.

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