Workplace violence is as much an issue for healthcare workers as it is for the shift supervisor at a convenience store, but many may not realize that the responsibility for a workplace violence prevention program rests on the employer.
The problem for employees is that in the absence of an effective one, it can be difficult if you were hurt to establish a workers' compensation claim because of a deranged co-worker, patient or even a robber. In fact, self-defense can bring criminal charges and legal difficulties in applying for a workers' comp claim.
What A Plan Should Include
Whether you're a nurse, a cashier or anyone else dealing with a wide variety of other people with access to valuables such as money or prescription medications, there should be a set of procedures in place. In the event of an outside person escalating a situation, there should be directions for calls to security, law enforcement, and ways of isolating dangerous persons.
Further, it should be outlined what the duty of an employee is in these cases. Should they attempt to defuse the situation, remove themselves from a potentially dangerous person? If the steps are properly outlined, then both employees and employers have a better sense of proper employee procedures are.
How It Can Affect Your Claim
If there is an established workplace violence procedure, you can follow that and if you are injured, still receive workers' compensation benefits in New York. It also could improve your chances of successfully applying for a claim with the New York State Workers' Compensation Board, because you can argue that your actions fit within the definition of "on-the-job" activities.