Workplace violence is a growing concern that can have serious implications for employees in Pennsylvania. If you have experienced workplace violence, it is crucial to take the right steps to protect yourself and seek legal advice from a workers’ compensation lawyer.
What Is Workplace Violence?
Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the worksite. Although its most extreme form is physical assault and even homicide, it can also involve verbal threats, psychological abuse, or bullying.
In Pennsylvania, state and federal guidelines set the legal definitions of workplace violence. The Occupational Safety and Health Administration (OSHA) defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at a worksite.”
Immediate Steps to Take After Experiencing Workplace Violence
Dealing with workplace violence can be traumatic and overwhelming. However, there are immediate steps you can take to protect yourself and lay the groundwork for any legal or disciplinary actions that may follow.
- If you are in physical danger, seek safety immediately and call the police if necessary. Should you suffer physical injuries, seek medical attention promptly to document your injuries, which could be crucial evidence in legal proceedings or when reporting the incident.
- Documenting the incident is the next step — collect as much evidence as possible. This can include eyewitness reports, CCTV footage, or physical evidence. Record your observations about the incident as soon as possible while your memory is still fresh. Include details like date, time, location, people involved, and any other relevant details.
- After you have taken care of your immediate safety and health concerns, the next step in responding to workplace violence is to formally report the incident to your employer. A swift and accurate report is crucial in facilitating an effective response and ensuring that your employer properly documents the incident. To notify your employer, you should follow the guidelines laid out in your organization’s policies. This might involve submitting a written report or speaking directly to a supervisor or human resources manager. Make sure to provide as much detail as possible, relying on the documentation you collected in the immediate aftermath of the incident.
Upon receiving your report, your employer has a responsibility to respond and take action. This could include contacting law enforcement, carrying out an internal investigation, or taking steps to address and prevent further incidents of violence. In Pennsylvania, employers must provide a safe and healthy work environment for all employees. Failure to respond appropriately to reports of workplace violence may be a violation of this obligation.
Legal Rights and Protection Under Pennsylvania Law
Pennsylvania takes a strong stand against workplace violence, providing numerous areas of legislative protection for employees.
Victims of workplace violence in Pennsylvania have the right to a safe and respectful workplace. Under federal and state laws, including the Pennsylvania Human Relations Act, employers must take reasonable steps to prevent and address workplace violence. This might include implementing comprehensive safety measures, providing training to employees, and swiftly responding to reports of violence.
Employees in Pennsylvania have the right not to face retaliation for reporting workplace violence. This means that your employer cannot demote, harass, or otherwise negatively affect your employment because you reported violence. If you believe you have been the victim of retaliation, you may have grounds for a lawsuit.
The Pennsylvania Crime Victim Act provides additional protections for victims of violent crimes, including victims of workplace violence. Under this act, victims have certain rights, such as being treated with dignity, respect, and sensitivity, and being informed about the progress and results of any legal proceedings.
If you’ve suffered injuries due to workplace violence, you might be eligible for workers’ compensation or other benefits, which can provide financial support during your recovery.
Seeking Workers’ Compensation and Additional Legal Support
Once you’ve ensured your safety and reported the incident, you may need to seek workers’ compensation or other forms of financial support. The workers’ compensation process can be complex, particularly if you’re dealing with the aftermath of a traumatic incident. In certain cases, workers’ compensation may cover medical expenses, lost wages, and other damages related to workplace violence.
It can be beneficial to consult with an attorney who specializes in workers’ compensation. A seasoned attorney can guide you through the process, help prepare your claim, and act as your advocate throughout negotiations and potential court proceedings.
Get Trustworthy Legal Advice from the Law Office of Deborah M. Truscello
Experiencing workplace violence can be traumatic and unsettling. It’s imperative to take immediate steps to ensure your safety, report the incident to your employer, and seek legal advice if necessary. Ignoring or delaying the response to workplace violence can lead to additional harm and complicate potential legal proceedings.
If you need personalized legal guidance following a workplace injury, don’t hesitate to contact the Law Office of Deborah M. Truscello at (610) 892-4940 or contact us to arrange a free consultation.
