Can You Sue for Workplace Violence in Pennsylvania?
An employee should never have to deal with workplace violence while they are trying to perform their job. Unfortunately, some workers may be injured when a coworker or other third party assaults or attempts to assault them. As a result, the victim may have to seek compensation from the employer responsible for the accident. If you were injured in an incident of workplace violence, you should consult with an experienced Philadelphia workplace violence injury lawyer as soon as possible. The Reiff Law Firm is committed to helping victims of workplace violence seek compensation for their injuries. Our skilled Philadelphia personal injury lawyers are here to help you determine whether you could sue for workplace violence in Pennsylvania.
Liability for Workplace Violence in Pennsylvania
Workplace violence could happen under a variety of circumstances. Employees at the workplace that are seriously injured due to workplace violence may be concerned about who will provide them with compensation for their injuries. Fortunately, there could be one or more parties that could be held liable for workplace violence.
An employer has an obligation to ensure that employees are able to perform their duties in a safe workspace. However, this does not mean that an employer could automatically be held liable for all instances of workplace violence that occur on their premises. Instead, certain factors must be examined before a victim of workplace violence could pursue damages against their employer.
One factor that must be considered is whether the employee that started the workplace violence had assaulted another person in the past. For example, if the employee in question punched a coworker in the past, this would be evidence that they have a propensity for violence. It is not necessary for the employee to commit the same violent act, only that they commit a general act of violence. Under these circumstances, a victim of workplace violence could hold an employer liable for the violence committed by another.
The person that committed workplace violence could also be held liable in a personal injury lawsuit. If you are unsure about who is liable for your injuries after an incident of workplace violence, you should consult with an experienced Pennsylvania workplace violence attorney today.
When to File a Lawsuit for Workplace Violence in Pennsylvania
If you were a victim of workplace violence in Pennsylvania, you should be aware that your potential lawsuit is subject to the statute of limitations. The statute of limitations determines how long a potential plaintiff has to file a case with a court of law. The amount of time provided to the plaintiff will vary depending on the laws of the state and a number of other factors. For example, a victim of workplace violence in the State of New York may have more time to file their lawsuit than they would in Pennsylvania.
In Pennsylvania, a victim of workplace violence has two years to file their lawsuit in a court of law. However, if the plaintiff misses their filing deadline, the defendant in the case could move to dismiss the case. If successful, the workplace violence lawsuit would be dismissed by the court with prejudice, which means that the victim cannot refile their case in the future.
If you are unsure about how long you have to file your workplace violence lawsuit, you should contact an experienced Philadelphia workplace violence lawyer as soon as possible. Missing the deadline for your case could present a victim with a number of problems as they would be unable to seek damages for their injuries and other expenses caused by workplace violence.
Proving Negligence in a Workplace Violence Lawsuit in Pennsylvania
To prevail in a workplace violence lawsuit, a plaintiff will have to show how an employer acted negligently. For example, if an employer did not take action after an employee seriously injured one of their coworkers, this would be evidence that could be used to prove their case.
Additionally, a plaintiff in a workplace violence lawsuit will have to prove the following elements of negligence to win their case and recover damages:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care to the plaintiff
- The defendant’s breach was the proximate cause of the plaintiff’s injuries
- The plaintiff’s injuries and losses are compensable in a court of law
Once these elements are proven, a plaintiff could be awarded compensatory damages. For example, the plaintiff could be provided with damages for medical bills, loss of wages, and many other types of losses.
The Reiff Law Firm could help you pursue a workplace violence lawsuit against an employer or other party that is liable for your injuries.
Work with Our Experienced Pennsylvania Workplace Violence Attorneys Today
If you sustained one or more injuries due to workplace violence, you should consult with a skilled Pennsylvania workplace violence injury attorney as soon as possible. The legal team at the Reiff Law Firm has worked on a variety of workplace violence claims, and we would be pleased to use our decades of experience to fight for you. A victim of workplace violence should not have to shoulder the burden of medical bills and other expenses due to the negligence of an employer. To schedule a free legal consultation to discuss the details of your potential workplace violence lawsuit, call the Reiff Law Firm at (215) 709-6940. You could also reach us online to schedule your free case review.