New York Employment Lawyers Protecting Victims of Workplace Violence

Holding employers responsible for damages resulting from avoidable violence in the workplace

According to the Occupational Safety & Health Administration, more than 2 million Americans report having been the victim of workplace violence each year. This number does not include cases that go unreported. With these staggering statistics in mind, it is important for employers to take action to curb workplace violence, before victims are injured. At Hepworth, Gershbaum & Roth, PLLC, our New York employment attorneys are committed to protecting victims of workplace violence. With more than 70 years of employment law experience, we have successfully represented countless workplace violence victims during their search for justice.

You have the right to a safe workplace

In 2006, the state of New York enacted a set of laws supporting employees’ rights to a safe workplace. These laws require public employees to develop programs and policies to minimize the potential for workplace violence. Failure to take action may leave the employer liable for damages resulting from avoidable workplace violence. The laws cover all public employees, while setting the benchmark for private employers to protect their staff members.

Under the legislation, employees have the right to work in an environment that is free from all forms of workplace violence, including:

• Assault

• Domestic violence

• Harassment

• Intimidation

• Stalking

• Sabotage

Whatever form workplace violence may take, it is important for employers to be vigilant and take action to prevent the potential for harm.

What can employers do to prevent workplace violence?

Preventing workplace violence is a full-time endeavor that falls on the shoulders of public and private employers.

Fortunately, there are many key steps employers may take to limit the potential for workplace violence, including:

• Providing a written policy statement: Making all employees aware of the company’s workplace violence policies is a viable strategy for avoiding unnecessary injuries. When all employees know which behaviors are not tolerated, violence may be curbed.

• Evaluating potential risks: Every employer should conduct regular risk assessments to identify potential workplace violence issues. By remaining vigilant, an employer may eliminate hazards before they lead to violence.

• Implementing a reporting program: Ensuring that employees have a standardized procedure for reporting workplace violence or related concern is key. An effective reporting program will included details regarding the complaint filing procedure, the actions the employer will take to address the issue and the timing of these actions.

• Training employees: Providing proactive training to help employees identify the potential for workplace violence, and how to handle such issues, is an important step for employers to take. Training should help employees identify risk factors and arm them with strategies for protecting themselves and coworkers.  

• Maintaining detailed documentation: In order to prevent future recurrences of workplace violence, employers should maintain detailed records of complaints and potential hazards.

Failure to follow these steps may lead to avoidable workplace violence, which may leave the employer liable for the victim’s losses.

Schedule a free consultation to discuss your workplace violence concerns with one of our New York employment lawyers

If you have become the victim of workplace violence that your employer failed to prevent, you may be entitled to compensation for your injuries and losses. It is important to speak to one of the New York employment lawyers at Hepworth, Gershbaum & Roth, PLLC as quickly as possible following the violent event to ensure that all proper steps are followed in the injury claims process. To learn more about your rights as a workplace violence victim, contact us online or call 212-545-1199 to schedule a free consultation with one of our New York employment law attorneys.