Hostile Work Environment

When Work Becomes a Violent Environment
Your workplace should be one where you’re able to complete your day-to-day tasks without additional concerns. You clock in, get the job done, and clock out. There shouldn’t be additional problems that you need to worry about. Unfortunately, there can be issues that arise that put you in a difficult position.

One of the biggest problems you may encounter is the possibility of a hostile work environment. As an employee, it’s vital to recognize what this is, how it happens, and what you can do to move forward. 

Below, we’ll help you understand how to prove a hostile work environment and potentially pursue workers’ compensation benefits for any harm you’ve sustained because of someone else’s actions.

Ozeran Law has significant experience helping the injured in hostile work environment situations. We know what it’s like to suffer harm in a place where you spend 40 hours a week or more, and you don’t deserve to go through this injustice. We’ll be by your side to help you every step of the way. 

What Behaviors are Considered Criteria for a Hostile Work Environment?
Hostile work environment bullying is one of the most common reasons for a dangerous workplace. Some examples of a hostile work environment include, but are not limited to the following:

• Teasing: Your employer or a co-worker may tease you for your gender, race, sexuality, religion, or even age. This is not only discriminatory, this is harassment and can result in you suffering mental trauma.
• Physical altercation at work: If your employer or co-worker teases you too much, it can become even more contentious. It can go beyond teasing to physical bullying. If you’re bullied at work and physically assaulted, you may suffer a neck injury or neck pain, back injury, or head injury. These may constitute a workplace injury and allow you to pursue workers’ compensation benefits. 
• Harassment: Hostile work environment harassment can involve many actions. For instance, your employer may make a derogatory joke that makes you uncomfortable. A co-worker may make unwanted advances. This can become sexual harassment.

Before you can even take legal action, you must know the hostile work environment definition, as well as what options are available, especially in the case of an injury. If you suffer an injury at work, you may be able to work with an attorney who can help you pursue a workers’ comp settlement. 

Many people think that just because they don’t like their boss or a co-worker that they’re in a hostile work environment, but this isn’t always the case. Instead, it occurs when someone’s actions (co-worker or boss) or their communication with you make it impossible to complete your day-to-day tasks. 

The other party’s behavior altered your working conditions to make it where you are uncomfortable to work. Rude and obnoxious behavior alone will not constitute a hostile work environment. 

How Do Injuries Occur in a Hostile Work Environment?
It’s unfortunate to even think about, but there are some situations in which simple harassment in the workplace can become violence. You may be subject to physical abuse or malice when working with certain individuals or with your employer. In these cases, it can lead to a physical altercation in which you suffer severe harm at the hands of someone else. Here are just a few of the ways workplace injuries can occur because of a dangerous work environment. 

• Physical fighting: For some individuals, picking on you may not feel like it’s enough for them. Instead, they’re prone to become more physical in their encounters with you and may start to push, slap, kick, or punch you. In the worst-case scenarios, you can suffer broken bones, bruises, contusions, and internal bleeding during a fight with an employer or co-worker.
• Tripping: This type of workplace violence is especially dangerous in workplaces where you must carry heavy items or there are various hazards on the grounds. A co-worker may see you coming toward them while carrying a large stack of items and purposely trip you. This may lead to you stumbling over with your items and falling hard to the ground.
• Mental trauma: Not all injuries are physical. A hostile work environment can lead you to suffer from mental trauma as well. You may fear being around that specific co-worker or your employer. This can cause you to not want to go to work or feel frightened in situations where you should feel at ease. 

It’s a very unfortunate situation, but it does happen--and far too often. Workplaces become dangerous for employees simply because one or more people want to tease, fight, or otherwise create a hostile work environment. When this happens, you want to work with a lawyer who can explain the workers’ compensation laws. Filing a workers’ compensation California case after an injury caused by someone else can help you pursue compensation in an effective manner. 

Legal Options Following an Injury Because of Physical Violence in the Workplace
Because hostile work environment cases can be difficult to prove at times, especially when pursuing workers’ compensation claims, it’s vital to ask yourself various questions before moving forward. 

• What is a hostile work environment? We’ve answered this a bit above, but it’s any place where you work in which at least one or more people has made it uncomfortable and difficult for you to work. You face constant mental and physical harassment, and you may even suffer injuries because of it. 
• Can I sue my employer for creating a hostile work environment? You have the right to step forward against your employer and pursue compensation if he or she either creates a hostile work environment or does nothing to stop physical violence from occurring. 
• Do I need a hostile work environment lawyer or a workers’ comp lawyer? Typically, this depends on whether or not you are injured. In most cases where harassment occurs and you suffer no harm because of it, you may want to look outside of workers’ compensation insurance. If you do suffer harm, though, you may be able to pursue compensation with the help of a workers’ compensation attorney. 

When you know what to expect, you can make better decisions when either going through a hostile work environment lawsuit or a workers’ comp benefits claim.

Can My Employer Fire Me?
One of the biggest concerns that people have when reporting a hostile workplace is the possibility of their employers firing them for their actions. Many people think that the boss has the right to terminate an employee’s contract because California is an at-will state and there doesn’t need to be a specific reason behind the firing. However, if there’s no merit behind the decision and you can show such, you can take legal action for your boss’ retaliation. 

There are laws in place in California that protect workers in various situations involving retaliation. Technically, despite California being an at-will state, the employer cannot simply fire you for reporting a severe problem within the workplace. You are protected under the law. If your employer does fire you, and you can prove it was done so unjustly, you may take additional legal action against your employer.

In this situation, you may be able to pursue benefits for your injuries because of the hostile work environment, as well as lost wages stemming from your wrongful termination.

Steps to Take to File a Claim for Workers’ Compensation?
Because injuries stemming from a hostile work environment can fall under the potential for a workers’ compensation claim, you need to know the vital steps you must take to protect your rights. Failure to take these steps put you in a difficult and challenging position. You may lose your right to file a claim just because of a small mistake you make during the process. Here are the steps you should take after an injury in a hostile work environment. 

• Report the accident immediately: One of the biggest reasons insurance companies deny workers’ compensation claims is because the injured party doesn’t report the accident immediately. Regardless of the situation that caused you to suffer the injury, report the accident to your supervisor, employer, and human resources. Even if one of those parties caused your injuries, you must still report it to others in the chain of command. If your injuries are severe and you must seek immediate medical attention, have someone else report the incident. 
• See an approved medical professional: You may go to your doctor immediately after the accident, but the insurance company responsible for your benefits is going to want you to see their approved medical professional. Keep this in mind as you go through the process and make sure you have as many medical records as possible to help provide evidence for your claim. 
• Request an official claim and ensure your employer files it: This may seem difficult if your employer is the one who caused your injuries, but it’s vital to have an official claim. You can ask your employer for the initial claim form that provides information including date and time of the incident, where your injuries occurred, the part of your body injured, who else was involved, how the injuries occurred, and what medical treatment you received. Your employer should file your claim on your behalf. Any failure in this step and you should have your lawyer work to correct the issues. 
• Speak with a lawyer: You may think that this is something that you can do on your own, but there are many pitfalls you may encounter along the way of filing a workers’ comp claim. When you speak with an attorney, you can ask pressing questions to have your concerns addressed, giving you peace of mind throughout the process of filing your claim.
• Ensure all paperwork is filed accurately and on time: Insurance companies are looking for the slightest error just to ensure they don’t have to pay out much or at all. Part of this may involve checking your paperwork for any false documentation or delaying your claim passed the deadline. This is why it’s beneficial to have someone on your side who knows what to look for and can help you file properly.

Always ensure that you’re staying organized throughout the process. Keep track of your medical visits and any treatment you receive. This is vital when pursuing the benefits you need and any compensation that comes with it. 

Working with an Attorney to Get Your Benefits
It’s a difficult time for you, and we know that. You are in a challenging position, unable to earn an income because you are uncomfortable in your workplace and not sure what to do next. Thankfully, you have options and you can pursue the money you need with the help of a skilled and dedicated workers’ comp attorney--someone who genuinely prioritizes your best interests along the way. 

Working with an experienced advocate will help you understand whether you need to pursue workers’ compensation benefits or a hostile work environment lawsuit settlement. Knowing the differences can position you in a favorable way, allowing you to protect your rights throughout the process. 

At Ozeran Law, our El Cajon workers’ compensation lawyers have the skill, knowledge, and tenacity you need on your side. When you’re facing a complex legal situation because of injuries you suffered due to someone else’s actions, you deserve someone giving you the voice to pursue justice and hold the responsible party accountable for their actions. You need someone to pursue the benefits you need to continue to live your life as comfortable as possible. 

Our firm truly cares about those we represent. We’re not afraid of insurance companies and large corporations. We go the extra mile on your behalf to not only give you peace of mind throughout the process, but to also give you confidence knowing that tenacious and gritty advocacy is in your corner.

If you believe you have a case to file a workers’ compensation claim and pursue benefits, we’ll be here to provide you the answers you need. Call us today at (619) 345-6770 or contact us here to discuss your potential options.