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Do I Have a Florida Workers’ Compensation Claim Due to Workplace Bullying or Assault?

According to the National Safety Council, over 50,000 injuries and over 500 fatalities happen each year, on average, due to workplace violence. The Civil Mediation Council further reports that 35% of employees polled said they were targets of workplace violence or abuse.


No-one expects a colleague or co-worker to harm them at work, but unfortunately it does happen. If it happens to you in South Florida or in Colorado, you can contact Flaxman Law Group at 866-352-9626 to schedule a consultation with workers’ compensation attorney. Your consultation gives you a chance to meet a member of our team and find out whether you have a claim. It’s also your chance to get answers, so you can understand what your options might be.

Bullying and Assault in the Workplace

Ideally, your workplace will be a space where you can not only earn an income, but where you can have a positive experience and where you’re treated with respect. Unfortunately, many employees find themselves in toxic and even unsafe places, where bullying and even violence happens.

Colleagues can commit assault, sexual assault, and other forms of violence in the workplace. Violence can start small, with passive aggressive behaviors and harsh words and can escalate into shouting, physical violence, and even life-threatening situations. In fact, The Violence Project, an organization dedicated to researching and preventing mass shootings, has found that workplaces are the number one site of mass shootings in this country, and colleagues are often the target in these incidents.

There are many reasons why workplace violence happens. Colleagues can clash because of their personalities and differences. Sometimes, people are hired who are violent, have antisocial personalities, or are otherwise prone to violence. High stress work environments and out-of-work stressors can further exacerbate anger and violence.

Who Is Liable?

If you’re injured in the course of work duties, you are eligible for workers’ compensation benefits, including medical and wage loss coverage, with a few exceptions. One of those exceptions is that the incident has to be work-related. If a violent attack happens in the parking lot on a break, it may not be covered. If you started an argument and it led to a conformation where you were injured, you may also find your employer and their insurer claiming your injuries aren’t covered. Your best option may be to speak with a Florida or Colorado workers’ compensation attorney for a through review of whether your injuries could be covered.

The employer is responsible for providing a safe workplace. However, workers’ compensation laws protect the employer, even in cases where they failed to act on bullying or threats, or failed to create a workplace safety problem. It can still be useful to speak with a lawyer about any claims that could be possible, especially if your workplace tolerated abuse or dangerous behavior.

Ultimately, it is the violent employee who is liable if they harm someone with violence. In some cases, you may be able to pursue a claim against a violent or dangerous colleague, but individuals do not always have the assets to pay for a settlement or court win.

As you can see, these cases can quickly become complex and injured parties may struggle to get the compensation they deserve. If you’re injured by a dangerous colleague, contact Flaxman Law Group at 866-352-9626 to speak with a workers’ compensation lawyer on our team. Discuss your situation with our boutique team and get advice based on our more than 50 years of combined trial and negotiation experience.

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