Hostile Work Environment

Hostile Work Environment Lawsuit in Downey, CA
In civil law, there can be confusion when it comes to workers’ compensation claims and hostile work environment cases. Can they be similar? Can one stem from the other? Can I pursue compensation through a workers’ comp claim for injuries I sustained because of a hostile work environment? 

Before going through the legal process, you must work to understand the hostile work environment definition and the workers’ compensation California laws. These types of situations can overlap if the hostile workplace causes you significant enough injuries that they prevent you from working for any period of time. However, before you start filing a claim, you should understand what behaviors are considered criteria for a hostile work environment. 

If you’ve found yourself in a position asking yourself, “can I sue my employer for creating a hostile work environment,” you’ve come to the right place. We got the answers you need to move forward.  

What are the Dangers of a Hostile Work Environment?
To help you better understand your rights after someone else’s actions causes you harm, you should recognize examples of a hostile workplace. There are various dangers that may exist and can result in you suffering significant mental and physical injuries which may cause you to be unable to work. These are serious situations and you should speak with a hostile work environment lawyer if you encounter any of these potential dangers. 

What is a hostile work environment?

• When you encounter a physical altercation at work: Workplace violence should never be tolerated. Physical violence can result in a workplace injury such as neck pain from a neck injury. You may also suffer a head injury or back injury. These injuries can prevent you from working in the same capacity--and earn the same income--you did before the injury.
• When you encounter sexual harassment: Sexual harassment can occur in more than one way. Someone can verbally sexually harass you by flirting or making sexual comments that make you uncomfortable. Someone can physically sexually harass you by touching you in an unwanted manner, trapping you in a corner, or otherwise making sexual advances that include contact. 
• When you are bullied at work: Hostile work environment bullying can include any type of physical pushing or shoving, as well as teasing. Bullying can also involve multiple parties ganging up to pick on you together. This is something that can result in physical or mental trauma. It constitutes a hostile work environment because it makes it impossible for you to complete your day-to-day tasks. 

Encountering any kind of hostile work environment harassment can be difficult to endure. You must work with someone who can help you understand what comes next and whether this situation makes you eligible for a hostile work environment lawsuit settlement or for workers’ compensation benefits. 

How to Prove a Hostile Work Environment
In order to prove that a hostile work environment is present, you need to gather as much evidence as possible. However, when discussing a lawsuit or a potential claim through your employer’s workers’ compensation insurance, you must also show that you suffered an injury as a result of someone else’s actions. Proving a hostile workplace means taking immediate steps to get through the legal matters and file a claim effectively. 

• Report your accident and injuries right away: One of the biggest reasons insurance companies deny workers’ compensation claims is because people fail to report the incident as soon as it happens. In a hostile work environment, you may fear that reporting the incident can put your career in jeopardy. However, to get benefits, you must work quickly to file a report with your supervisor, employer, and/or human resources manager. This report aids in showing the hostile work environment was present.
• Get medical attention as quickly as possible: Under workers’ compensation laws, you will most likely need to see a doctor approved in your insurance company’s network. You want to ensure that you start your treatment as soon as possible, but also obtain any medical records. These medical records can go with your incident report to show that the workplace violence or the hostile workplace resulted in you suffering injuries. 
• Reach out to any witnesses who saw the incident: Witnesses in your workplace can be helpful in proving your case, especially if they recognize the company is a hostile work environment as well. Get their contact information and you can provide this to your legal team to help aid in your claim. 
• Have a workers’ comp lawyer on your side: Because you are navigating the legal matters to pursue a workers’ comp settlement, you want to have legal representation on your side who can help you document the entire incident and file paperwork in a timely and accurate manner. Legal help can provide you the right steps and an understanding of your deadlines to protect your ability to file a claim.

How Do Workplace Dangers Result in Injuries?
A hostile workplace can often involve physical violence. Unfortunately, this sets up the potential for you to suffer significant injuries due to pushing, slapping, tripping, punching, and more. You may suffer some severe head trauma if you are involved in a physical altercation, but fights are not the only way that a hostile work environment can cause you to suffer injuries. 

Unfortunately, hostile workplaces can often involve co-workers sabotaging equipment so they fail or potentially encounter a problem. For instance, your co-worker may try to “prank” you by altering a machine that you need to use for your job. If something goes wrong, it can cause you to suffer harm. 

These actions are not only illegal, but they are subject to legal action. However, you may want to speak with a workers’ comp attorney who can help you understand what options best protect your rights to compensation and how to get through the process in the most effective manner. It can be difficult to get through legal matters on your own, especially when you’re unsure of where to start. Getting a lawyer on your side is the most effective way to move forward. 

Who Can I Hold Accountable for Injuries Resulting from a Hostile Workplace?
Injuries resulting from a hostile workplace can be difficult to endure on their own. The idea of going through legal matters can make it even more stressful. However, you should know the various people you can hold accountable for their actions in creating a hostile work environment, especially if it causes you harm. There are multiple people who can play a role in the damages you sustain.

• Your co-worker: Your co-worker is directly responsible for your injuries if you can show he or she is the party who began the physical altercation or harassment. These matters typically fall outside of workers’ compensation and may require you to file a third-party lawsuit against the person responsible for your harm.
• Your employer: There are multiple ways in which your employer can be responsible for a hostile work environment causing you injuries. For instance, if your employer creates a hostile workplace and is the one bullying people, he or she is directly responsible. Your employer is also responsible if they know about the hostile work environment and do nothing to stop it. If you’re pursuing a workers’ compensation claim, however, this goes in lieu of a lawsuit. You wouldn’t sue your employer. Instead, you’ll file a claim through the employer’s insurance provider. 
• Your human resources manager: HR can be responsible if they don’t take steps to intervene in any harassment or bullying occurring in the workplace. If you report your injuries or the hostile workplace to HR, the parties in charge must do all they can to stop it from occurring. 

In California, workers’ compensation claims forfeit your right to take any legal action against your employer directly. You will not be able to sue your employer unless you can show that they directly had a hand in causing you to suffer severe injuries. In these cases, you may need to go above and beyond to prove malicious intent. Working with a legal advocate can help you understand your most effective method and the best option to pursue compensation for the damages you sustained. 

What are My Rights After a Physical Altercation at Work?
If you suffer an injury in a physical altercation at work, you must recognize your rights and options moving forward. Any matter in this situation can fall under one of two legal categories: employment law or workers’ compensation. There are many nuances that go into determining which one is your best option and how you can go about pursuing compensation to cover your injuries. 

In an employment law matter for a hostile work environment, there may be remedies that allow you to file a lawsuit against the party directly responsible for your injuries. Acts of violence may allow you to pursue economic, non-economic, and punitive damages for the injuries you have sustained. It’s best to speak with an employment law attorney who can explain what types of compensation to which you may be entitled. 

• Economic damages are those that have a monetary value following an injury. They cover costs associated with a direct loss in value, such as medical expenses, lost income, physical therapy expenses, and more.
• Non-economic damages do not have an exact valuation. They cover mental anguish, pain and suffering, and other losses that cannot be quantified through documentation.
• Punitive damages are used to punish the responsible party for his or her malicious actions. They are an attempt to deter further similar acts from occurring. 

In a workers’ comp matter, you go through your employer’s insurance company to recover benefits that not only help with your medical expenses, but can also help compensate you for the time you must spend away from work recovering from your injuries. You may recover temporary or permanent disability benefits depending on how severe your injuries are, your age, and how long you are expected to be out of work. 

Ozeran Law - Putting Your Best Interests First
When you suffer injuries at work, you need to have someone on your side who understands the laws inside and out. Whether you need to go through employment law matters or a workers’ comp claim, you deserve to recover compensation for the pain you endured. Working with someone you can trust is imperative to getting the results you need, especially when you consider the time you must be out of work or your need to change position and earn a lower income. 

At Ozeran Law, we have experience helping workers just like you who are in need of legal help to recover compensation. We know the various methods you can pursue and the most effective ways to build a strong argument against the responsible party. If you’ve already tried to file a workers’ compensation claim on your own and it was denied, we can also help you file an appeal that suits you and your needs. 
No matter your situation, legal advocacy can help you in numerous ways:

• We’ll help you file the correct and accurate paperwork in a manner that not only meets deadlines, but positions your case in the most favorable light possible.
• We’ll help you build evidence and contact witnesses that can attest to the incident that caused your injuries. 
• We’ll help you deal with the large insurance company who is looking out for their profits rather than your health, fighting to avoid the tactics they use to wrongfully deny claims. 

Our Downey workers’ compensation attorney is ready to stand by your side every step of the way. You can count on us to safeguard your rights and work with you to help you recover moving forward. Let us be your guide. We’ll go the extra mile because your health and well-being matter most to us. After all, we’re real people helping you to resolve real problems with real solutions. 

Call us today at (562) 393-6400 or fill out a contact form to speak with a legal professional about your potential options.