Columbia Workplace Violence Attorney
Millions Recovered For Accident Victims
$6.1M
WRONGFUL DEATH
$2M
TRUCK ACCIDENT
$2.2M
DRIVING ACCIDENT
$2M
WRONGFUL DEATH
$1.5M
DRUNK DRIVER
Were You the Victim of Workplace Violence? Contact Our Columbia Personal Injury Lawyer Today
At Hart Law, our Columbia workplace violence attorney fights tirelessly to help victims and families get justice and the maximum available financial support. We are prepared to go through both the workers’ compensation claims process and any additional civil third-party liability lawsuit. If you or your loved one was the victim of workplace violence, please do not hesitate to contact us today at (803) 771-7701 for a free, fully confidential consultation with a top-tier Columbia work injury lawyer.
Workplace Violence Remains a Serious Problem
Every employee deserves safe, fair working conditions. Unfortunately, too many people are injured on the job each year. Even more alarming, a significant number of these injuries happen because of acts of workplace violence. According to the most recent data from the Bureau of Labor Statistics (BLS), workplace violence required 57,610 employees to miss time on the job in 2022 alone.
These injuries can vary dramatically—from modest to life-altering. Tragically, there were 524 workplace homicides reported in 2022.
Workplace violence victims often face physical injuries, psychological trauma, and financial hardship. The impact extends beyond the immediate harm caused during the incident. Many victims struggle to return to work, deal with ongoing medical needs, and cope with the emotional aftermath. Our law firm understands these challenges and is committed to fighting for the rights of injured workers.
What to Do After Being the Victim of Workplace Violence in Columbia, SC
Dealing with the immediate aftermath of workplace violence can be challenging. Whether you were attacked by a client, customer, co-worker, supervisor, business owner, or any other party, you must take a proactive approach to protect yourself, your health, and your rights. Here are five steps to take after an act of workplace violence in Columbia, SC:
- Get Yourself to Safety: If possible, leave the scene immediately and find a secure location. You should tell a trusted colleague or trusted supervisor and get yourself out of danger.
- Seek Medical Attention: All injuries sustained due to an act of workplace violence should be evaluated by a doctor. Seek immediate medical attention. Your doctor will diagnose, treat, and document your injuries. Medical records are key to bringing a legal claim.
- Report the Workplace Violence Incident: The act should be reported. Notify your employer—whether your immediate supervisor or the human resources department. You should provide a clear and concise account of what happened.
- Document the Incident: Write down dates, times, witnesses, and any relevant details. Collect emails, texts, or any communication that supports your claim. If any person was an eyewitness to the incident, make sure that you have their contact details.
- Consult With an Attorney: Legal claims for acts of workplace violence can be especially complex. You must have skilled, experienced legal representation. Consult with a Columbia workplace violence lawyer as soon as possible after an attack.
Employees who experience workplace violence should document everything they can remember about the incident. This includes taking photos of any injuries, saving text messages or emails related to the incident, and keeping copies of medical records. Strong evidence helps build a stronger case and increases your chances of receiving full compensation.
Understanding Your Claims Options
How do you bring a claim for workplace violence in Columbia? You have multiple claim options available. You must understand all of the legal avenues that are available to get justice and compensation. Here is an overview of potential paths:
- Workers’ Compensation Claim: If the violent incident occurred in the course of your employment, you may file a workers’ compensation claim. Notably, a workers’ comp claim in South Carolina does not require you to prove that your employer was at fault. Instead, you must show that the injury happened while you were performing your job duties. A successful workers’ comp claim can result in benefits to help cover medical expenses, lost wages, and rehabilitation costs. Your workers’ comp claim is generally your sole legal remedy against your employer for an act of workplace violence.
- Third-Party Liability Lawsuit: If someone other than your employer is responsible for your injury—such as a customer, contractor, vendor, or even a trespasser—you may have a third-party liability lawsuit. Unlike a workers’ comp claim, you must prove negligence to establish liability. However, winning this type of lawsuit can result in the recovery of additional compensation, including for pain and suffering. Notably, workplace violence victims in South Carolina can file both a workers’ comp claim and a third-party liability lawsuit. Indeed, injured workers should always seek workers’ compensation benefits.
Workers’ compensation provides important benefits that help injured workers cover immediate costs. However, these benefits may not fully address all losses, especially pain and suffering. That is why pursuing both workers’ compensation and a third-party claim when applicable can maximize your total recovery. Our attorneys can evaluate your situation and explain which legal options apply to your case.
Know the Statute of Limitations for a Workplace Violence Claim
The deadline to file a workplace violence claim in South Carolina depends on some case-specific factors. Under South Carolina law (S.C. Code § 15-3-20), there is a three-year statute of limitations for personal injury lawsuits. A third-party liability claim for workplace violence is a type of third-party liability lawsuit.
The statute of limitations is three years from the date of the attack. However, you have less time to initiate your workers’ compensation claim. For workers’ compensation claims in South Carolina, you generally have two years from the date of the injury to file. Do not wait to take action: Consult with a Columbia workplace violence lawyer right away after an attack.
Missing the deadline to file your claim can harm your ability to seek compensation. Court rules are strict about these time limits. Once the statute of limitations expires, you lose your right to pursue compensation through the legal system. Our firm helps clients understand these deadlines and ensures all paperwork is filed on time.
Compensation for Workplace Violence Victims in South Carolina
If you were the victim of workplace violence in Columbia or elsewhere in South Carolina, you must be able to secure the absolute maximum financial support. Here is an overview of the compensation that you may be entitled to receive through a claim:
- Workers’ Compensation Claim: In South Carolina, workers’ compensation provides financial benefits for medical treatment, wage replacement, and sometimes benefits for long-term disability. The advantage of workers’ compensation is that you do not need to prove your employer’s negligence. The disadvantage is that some types of losses—such as pain and suffering—are not covered.
- Third-Party Liability Lawsuit: Through a third-party liability lawsuit, workplace violence victims have the right to seek compensation for the full extent of their economic losses and their non-economic losses. You may be entitled to financial compensation for pain and suffering, emotional distress, and other types of damages.
Workers’ compensation benefits typically cover medical treatment, a portion of lost wages, and vocational rehabilitation if needed. The amount you receive for wage replacement is usually two-thirds of your average weekly wages. If the injury causes permanent disability, you may receive additional long-term benefits. Our lawyers help ensure you receive all benefits you are entitled to under South Carolina law.
Why Trust the Columbia Workplace Violence Lawyer at Hart Law
Workplace violence injury cases are complicated. Whether you are preparing to file for workers’ compensation benefits, a third-party liability claim, or both, it is imperative that you have strong, experienced legal representation. The right lawyer can make a difference. Christopher R. Hart possesses leadership in law and a proven record of client testimonials that you can trust.
We are proactive, and we provide personalized guidance and support to victims. Along with other things, our Columbia workplace violence lawyers are ready to:
- Hear what you have to say and answer your legal questions;
- Investigate the workplace violence incident—gathering evidence;
- Advocate for you in settlement negotiations with insurance companies; and
- Take whatever legal action is needed to help you secure the maximum compensation.
Get your free consultation with our law firm today by calling (803) 771-7701.
How Attorneys Represent Injured Workers
Our attorneys understand that workplace violence cases require thorough investigation and strong advocacy. We work to gather all available evidence, interview witnesses, and build a compelling case on your behalf. Whether negotiating with insurance companies or presenting your case in court, our lawyers fight to protect your rights.
Many employers and insurance companies try to minimize workplace violence claims or deny them altogether. They may argue that the employee was partly at fault or that the incident did not occur during employment. Our firm knows how to counter these arguments and prove that you deserve full compensation. We handle all aspects of the process so you can focus on recovery.
Workers’ compensation insurance companies sometimes deny claims or offer settlements that do not cover all expenses. When this happens, our attorneys can file appeals and fight for the benefits you need. We also pursue appeals when initial decisions are unfavorable. Our goal is to help you achieve the best possible outcome in your case.
Workplace Violence Claims in Columbia: Frequently Asked Questions (FAQs)
When Should I Speak to a Columbia Workplace Violence Accident Lawyer?
Right away. The sooner you consult with a lawyer, the better position you will be in to get justice and financial compensation. Among other things, your Columbia, SC workplace violence attorney can evaluate the specifics of your case, explain all of your legal options, handle the filing of any paperwork, and take action to help you get the best possible outcome in your case.
Is an Employer Responsible for Workplace Violence Committed by a Customer?
Yes. In the context of workplace violence, an employer may bear liability. They could face a personal injury lawsuit from any non-employee who was hurt because that employer failed to provide adequate security. Further, any employee injured due to an act of workplace violence in South Carolina has the right to file for workers’ compensation benefits.
Who Can You Sue for Workplace Violence in South Carolina?
As an employee, you are generally not able to sue your employer in South Carolina. Instead, your claim against your employer is a workers’ compensation claim. However, that is a no-fault claim. You do not need to prove that your employer was negligent to get benefits. Beyond that, you can sue any non-employer whose negligence contributed to the workplace violence, such as property owners, contractors, or the person(s) who committed the act.
How Long Will My Workplace Violence Claim Take to Resolve in South Carolina?
It depends. The time it will take to resolve a workplace violence claim can vary depending on the complexity of the case, the nature of the evidence, and the willingness of the other parties to negotiate. Some claims settle within months. However, in cases where litigation is required, it can take more than a year to reach a verdict. A top-tier Columbia, SC workplace violence lawyer can take action to help you get the best possible outcome in your case.
What Types of Injuries Are Covered Under Workers’ Compensation for Workplace Violence?
Workers’ compensation covers all injuries that occur during the course of employment, including those resulting from workplace violence. This includes physical injuries such as broken bones, cuts, and bruises, as well as psychological harm like post-traumatic stress disorder. Workers’ compensation benefits typically pay for medical treatment, rehabilitation, and wage replacement while you recover. If the injury causes permanent disability, you may receive long-term benefits as well.
Can a Non-Employee File a Workplace Violence Claim?
Yes. While employees typically file workers’ compensation claims, non-employees, such as customers, visitors, or delivery drivers who are injured due to workplace violence, can file personal injury lawsuits against the employer or property owner. These claims are based on negligence, such as failing to provide adequate security or allowing a dangerous situation to exist. Non-employees are entitled to seek compensation for all damages, including medical expenses, lost income, pain and suffering, and emotional distress.
What If My Employer Retaliates After I File a Workplace Violence Claim?
South Carolina law protects employees who file workers’ compensation claims from retaliation. Your employer cannot fire, demote, or otherwise punish you for filing a legitimate claim. If your employer does retaliate, you may have additional legal claims beyond your workplace violence case. Our attorneys can help you protect your rights and hold your employer accountable for unlawful retaliation. Dealing with retaliation can be stressful, but you do not have to face it alone.
Contact Our Columbia Workplace Violence Injury Lawyer for Immediate Help
At Hart Law, our Columbia workplace violence attorney is committed to fighting for justice for people who were harmed while on the job. If you or your loved one was the victim of workplace violence, we are here as a resource that you can trust. Contact us today for your free, no-obligation initial case review.
Our firm handles workplace violence cases in Columbia, Richland County, Lexington County, and throughout the wider region of South Carolina. Our law firm is ready to represent you and fight for the compensation you deserve.
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It was a pleasure dealing with Hart Law Firm. Sherri in particular was super helpful and courteous. She kept me well informed of everything. Overall great experience.
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