Acts of workplace violence can have devastating physical, emotional, and financial consequences for employees and their families. While mass shootings are rare, workers who are injured during violent incidents that arise out of and during the course and scope of their employment may be entitled to workers’ compensation benefits under Florida law. These benefits may include authorised medical treatment, wage replacement benefits, and, in some cases, psychological care related to the workplace injury. Because workplace violence claims often involve complex legal and medical issues, understanding your rights, preserving evidence, and following the proper workers’ compensation procedures are essential to protecting your claim and obtaining the benefits available under Florida law.
Every workplace violence incident is unique, and eligibility for workers’ compensation depends on the specific facts surrounding the event and the employee’s relationship to the workplace at the time of the injury.
Can Workplace Violence Be Covered by Workers’ Compensation?
Yes. Employees who suffer injuries because of a violent incident occurring during the course and scope of their employment may qualify for workers’ compensation benefits under Florida law.
Coverage depends on several factors, including whether the injury is connected to the employment and whether it arose out of workplace activities rather than purely personal circumstances.
Common Injuries Following Workplace Violence
Victims of workplace violence may suffer both physical and psychological injuries that require extensive treatment. Common injuries include:
- Gunshot wounds and other traumatic physical injuries.
- Fractures and orthopaedic injuries.
- Traumatic brain injuries.
- Psychological trauma.
- Anxiety, depression, and post-traumatic stress symptoms.
- Long-term emotional distress requiring counselling or therapy.
Recovery often involves ongoing medical care, rehabilitation, counselling, and time away from work.
Workers’ Compensation Benefits That May Be Available
If a workplace violence claim is accepted, eligible employees may receive benefits that include:
- Authorised medical treatment.
- Hospital care and surgery where necessary.
- Psychological evaluation and counselling when covered under Florida law.
- Prescription medications.
- Wage replacement benefits if the injury prevents the employee from working.
- Rehabilitation services where appropriate.
The benefits available will depend on the nature of the injuries and the circumstances of the claim.
Steps to Take After a Workplace Violence Incident
If you are injured during a violent incident at work, your health and safety should always come first. After receiving emergency medical care, report the incident to your employer as soon as possible and follow the appropriate workplace reporting procedures.
You should also keep copies of medical records, treatment recommendations, receipts, accident reports, and any documentation relating to your injuries and recovery.
Be Careful With Public Statements and Social Media
Insurance carriers may review publicly available information during the claims process. Avoid making statements or social media posts that could be misunderstood or appear inconsistent with the injuries and limitations documented by your healthcare providers.
Allow your medical records and authorised treatment providers to accurately document your recovery and ongoing symptoms.
Why Legal Guidance May Be Important
Workplace violence claims can involve complex issues relating to medical treatment, psychological injuries, compensability, and benefit entitlement. Legal guidance may be helpful if your claim is disputed, delayed, or denied, or if you have questions about the benefits available following a workplace violence incident.
Frequently Asked Questions About Workplace Violence and Workers’ Compensation
Can injuries from workplace violence qualify for workers’ compensation?
Yes. If the injuries arose out of and during the course and scope of your employment, you may qualify for workers’ compensation benefits under Florida law.
Can psychological injuries be part of a workers’ compensation claim?
Psychological injuries may be compensable in certain circumstances under Florida law. Eligibility depends on the facts of the case and the applicable legal requirements.
What benefits may be available after a workplace violence incident?
Eligible workers may receive authorised medical treatment, wage replacement benefits, rehabilitation services, and other workers’ compensation benefits available under Florida law.
What should I do immediately after a workplace violence incident?
Seek emergency medical care, report the incident to your employer promptly, follow authorised medical treatment, and retain copies of all relevant medical and accident records.
Should I keep records relating to my treatment?
Yes. Maintaining complete medical records, treatment recommendations, receipts, and documentation can help support your workers’ compensation claim.
Can social media affect my workers’ compensation claim?
Potentially. Public posts or photographs may be reviewed during the claims process, so it is wise to be cautious about sharing information while your claim is pending.
When should I contact a workers’ compensation attorney?
You should seek legal advice if your claim is denied, your benefits are delayed, or you have questions about your legal rights following a workplace violence incident.
If you have suffered injuries because of workplace violence, our experienced legal team is here to help. Call 305-377-1505 for a free consultation today. We will review your case, explain your legal rights, and work to help you pursue the workers’ compensation benefits available under Florida law.
