Acts of Workplace Violence Are Increasing, Especially Against Women

When you sustain a serious injury at work or while in the course of your job duties, you can seek workers’ compensation benefits. This is true even if you are partially responsible for your own injuries, though there are exceptions to that rule. Depending on the circumstances, one of those exceptions could potentially be acts of workplace violence.

According to an analysis by The Washington Post, workplace injuries in the United States have generally been declining, but a troubling and unexpected trend has emerged: a rise in violent attacks resulting in severe injuries, primarily targeting women. Analysis of the data reveals that certain jobs, such as psychiatric aides and technicians, are at higher risk, and these positions are largely occupied by women. These workers, often caring for patients with mental illness or disabilities in psychiatric hospitals, are vulnerable due to the lack of defensive training and protective measures. The increasing number of intentional human-caused injuries highlights concerns about workplace safety, particularly in jobs where workers face violent and aggressive behaviors.

Interestingly, jobs dominated by women have risen to the top of the list when judging dangerous jobs based on injuries rather than fatalities. Teaching assistants, personal care aides, elementary teachers, and registered nurses (Nevada sees many nurses working for Personal Care Services agencies) are among the occupations experiencing a surge in injuries caused by violent attacks. In contrast, jobs with a decrease in attacks, such as police officers and correctional officers, are predominantly performed by men. The disparity raises questions about the safety and well-being of workers in jobs where the risk of violence is growing. It also points to the challenges faced by those caring for patients with severe symptoms in psychiatric facilities, especially as the availability of psychiatric beds decreases and acuity levels rise, potentially exacerbating the situation.

Moreover, the data suggests that during the pandemic, dangerous behavior has increased, and there is a shortage of workers, mostly women, willing to take up such risky and traumatic jobs. The trend of rising violent attacks on predominantly female-dominated professions underscores the need for greater attention to workplace safety measures and protections, especially in roles involving patient care in mental health settings. As the nation grapples with these concerning patterns, addressing the safety and security of workers, particularly women, in vulnerable job roles becomes paramount to ensure a safe and supportive working environment.

When do Nevada’s workers’ compensation laws cover injuries from acts of violence?

As with other types of claims, your injuries must arise out of and occur in the course of your employment. Examples could include:

• Being attacked by a business patron who is “unhappy” with the service
• Being sexually assaulted by a coworker
• Being involved in an altercation with a coworker because of a disagreement related to your employment (provided you are not the aggressor)

Note, however, that personal disputes outside of the workplace, or disputes that are not related to your employment, that lead to an act of assault are not likely to be covered.

Should I file a personal injury lawsuit instead of a workers’ compensation claim?

Workers’ compensation will provide a wage-loss benefit, medical costs, and an award for permanent impairment or permanent disability. But it does not allow for a separate claim for pain and suffering. As such, you may wish to file a personal injury lawsuit instead to recover those types of damages. Just remember, you generally cannot sue your employer or co-workers as those claims are covered by workers’ compensation laws. Any lawsuit must be against a third-party who caused your injuries. For example, if you were involved in a car crash while on the job, you could file a workers’ compensation claim and also file a lawsuit against the person who caused the crash.

What should I do if I am intentionally harmed by a coworker or patron in Las Vegas?

If a worker intentionally harms you in the workplace, here’s what you should do:

• Report it to your employer. Report the incident to your employer immediately. Your employer has a duty to provide a safe work environment for all employees, and they should take your complaint seriously. Reporting the incident can trigger an internal investigation and appropriate disciplinary actions against the responsible party. Additionally, by reporting the incident, you create a record of the event, which may be helpful if you decide to pursue legal action later. Ask to go to a doctor. If you suffered a physical or mental injury you should immediately request medical care.
• Seek legal advice. After reporting the incident to your employer, it is wise to consult with a Las Vegas attorney who handles workers’ compensation as well as personal injury claims. At Claggett & Sykes, we can review the details of your case and advise you on the best course of action. If the intentional harm resulted in significant physical, emotional, or financial damages, filing a personal injury lawsuit may be a viable option to seek compensation for your losses.
• Make a criminal complaint. If you were assaulted, tell law enforcement. Criminal complaints and civil complaints are entirely different, but assault in any form should be reported. The record can also be used as part of your civil claim, even if no criminal charges are filed.

Ultimately, you should prioritize your safety and well-being. If you are ever in a situation where you feel unsafe or have been harmed intentionally by a coworker, take immediate steps to protect yourself, report the incident, and seek legal advice to understand the best way to proceed.

This is why it is important to talk to an attorney right after reporting the incident to your employer. As the employer can very well be held liable, there’s no telling whether they will act in your best interest or their own. If you have suffered harm by the intentional actions of your coworker, contact Claggett & Sykes. Our Las Vegas personal injury and workers’ compensation attorneys can ensure that you receive the justice and compensation you deserve. To schedule a free consultation, call us or fill out our contact form. We also serve the community of Reno, as well as clients throughout Nevada.