San Antonio Workplace Violence - Understanding Your Rights and Legal Options in Texas

Violence in the workplace is common in some San Antonio industries, as high-stress conditions or working with compromised individuals heighten risk. However, everyone has the right to a reasonably safe workplace, and employers have a responsibility to make sure to provide safety measures to prevent violence and mitigate damages from violence. When workplace violence happens, individuals have a right to hire a lawyer and seek compensation for their injuries.

At Carabin Shaw, our team is well-versed in workplace injury laws, and we dedicate ourselves to helping you get the compensation you deserve. Our client reviews show that we have compassion for our clients, and we are committed to helping you maximize your claim.

The definition of workplace violence includes physical violence, and it includes harassment or threatening behavior that makes a person frightened for their safety. Almost anyone can inflict workplace violence on a worker, including supervisors, customers, and co-workers. The violence can cause injuries including wrongful death.

San Antonio TX workplace violence is prevalent in many industries, including the healthcare profession. People who work in law enforcement and the customer service industry are also more likely to experience workplace violence. However, violence can happen in any work environment where more than one person is present. The Occupational Safety and Health Administration (OSHA) recommends that employers create workplace violence prevention programs to reduce risk.

The Texas Labor Code stipulates that employers must provide a safe workplace, within reason. This includes a sanitary workplace free of preventable safety hazards, but it also includes an environment that is free of violence.

There is no way for an employer to guarantee no workplace assault in San Antonio, Texas when dealing with more than one worker. Therefore, the law requires them to make reasonable attempts to avoid it. Emergency action plans and employee training enhance workers’ ability to respond to violent situations.

When injuries happen because of violence, workers have the right to compensation. They also have the right to a lawyer to help them maximize their compensation and secure their rights. This is true whether the employee is filing a workers’ compensation claim or a personal injury lawsuit. Finally, all victims have a right to safety while they pursue San Antonio workplace violence compensation from their employer or the person responsible for the violence.

Employers are typically responsible for injuries that occur in the workplace for the following reasons during a workplace violence case:

• Hiring employees without proper vetting (background checks)
• Retaining problematic employees
• Failure to supervise employees
• Lack of training
• Vicarious liability (inherent in the employer-employee relationship)

Personal injury lawsuits are an option if a wrongful death occurs because of workplace violence, and it is an option when an employer does not subscribe to workers’ compensation insurance. Otherwise, workers’ compensation insurance protects employers from liability while still providing some compensation to injured workers.

The notion behind employer liability falls under their duty to provide a safe workplace. Negligence is the failure to perform that duty, and employees have a right to collect damages that occur as a result of that negligence. In workers’ compensation cases, the allowed compensable damages can only be economic. Plaintiffs can hire an attorney and sue an employer for noneconomic damages in a workplace injury lawsuit if the employer does not have workers’ compensation insurance.

The San Antonio work injury attorneys at Carabin Shaw can help you hold your employer accountable for violence in the workplace. With decades of experience, we know how to expedite the legal process and lessen the stress you endure during a workers’ compensation claim or personal injury lawsuit. Call our toll-free number today at 800-862-1260 for a free consultation. We offer our services on a contingency-fee basis, and we have English- AND Spanish-speaking staff available 24/7 to schedule your appointment.

For more information:

• OSHA
• TDI Texas
• Statutes Capitol Texas