Workplace violence is a serious issue that affects workers across British Columbia in many different industries. From healthcare and construction to retail and office environments, violence in the workplace can have lasting physical and psychological consequences.
If you have experienced workplace violence and harassment, it is important to understand your rights, your employer’s obligations, and how WorkSafeBC may be involved. This article explains what qualifies as workplace violence harassment, provides examples of workplace violence, and outlines what steps you can take to protect yourself.
What Is Workplace Violence?
Workplace violence generally refers to any attempted or actual use of physical force against a worker that could cause injury. It can also include threats or behaviour that makes a worker reasonably believe they are at risk of harm.
Violence in the workplace is not limited to extreme or headline making incidents. It can range from pushing and hitting to serious assaults. In some industries, such as healthcare (including hospital employees and ambulance paramedics), corrections, police services, or social services, workers may face a higher risk of aggressive or unpredictable behaviour from clients or members of the public.
Workplace violence can result in:
- physical injuries
- psychological trauma
- anxiety and depression
- post traumatic stress symptoms
- lost time from work
When violence occurs at work, it may fall under the workers’ compensation system in British Columbia.
Workplace Violence and Harassment: Understanding the Difference
The phrase workplace violence and harassment is often used together, but the two are not identical.
Workplace violence typically involves physical force or threats of physical force. Harassment, on the other hand, may involve inappropriate comments, bullying, humiliation, intimidation, or other behaviours that create a hostile or unsafe work environment.
Workplace violence harassment can include situations where ongoing harassment escalates into threats or physical behaviour. It may also involve conduct that, while not physically violent, causes significant psychological harm.
Employers in British Columbia have legal obligations to prevent and address both workplace violence and harassment. These duties include creating policies, conducting risk assessments, and taking complaints seriously.
Examples of Workplace Violence
Understanding examples of workplace violence can help workers recognize when conduct crosses the line.
Common examples of workplace violence include:
- being hit, pushed, kicked, or physically restrained
- threats of physical harm from a coworker, supervisor, client, or member of the public
- objects being thrown at a worker
- aggressive physical intimidation
- stalking or threatening behaviour connected to work
Examples of workplace violence are not limited to coworker conflicts. Violence can also come from customers, patients, students, or other third parties encountered during work duties.
In some cases, domestic violence may spill into the workplace, putting a worker at risk while they are performing their job.
Violence in the Workplace and WorkSafeBC Claims
If you are injured as a result of violence in the workplace, you may be entitled to benefits through WorkSafeBC. This can include both physical and psychological injuries.
WorkSafeBC claims related to workplace violence may involve:
- medical treatment coverage
- wage loss benefits if you cannot work
- psychological injury claims
- long term disability assessments
Psychological injuries arising from workplace violence harassment can be complex. WorkSafeBC will often assess whether the injury arose out of and in the course of employment and whether it meets specific criteria for compensation.
Clear reporting and medical documentation are critical in these cases.
What To Do If You Experience Workplace Violence
If you are subjected to workplace violence, take the situation seriously. Even if you do not initially feel physically injured, psychological symptoms can develop later.
Important steps include:
Report The Incident Immediately
Notify your supervisor or employer as soon as possible. Ask that the incident be documented. If there were witnesses, make note of their names.
Seek Medical Attention
If you are physically injured, seek medical care right away. If you are experiencing flashbacks, nightmares, anxiety, panic, sleep issues, or other psychological symptoms, speak with a doctor and explain that the issue is related to workplace violence.
Document Everything
Keep detailed notes about what happened, including dates, times, and what was said or done. Save any emails, text messages, or other communications that relate to the incident.
Report To WorkSafeBC
If you have been injured, whether physically or psychologically, consider reporting the injury to WorkSafeBC. Early reporting can help protect your rights if symptoms worsen.
Workplace Violence Harassment and Employer Responsibilities
Employers in British Columbia have legal obligations to address workplace violence and harassment. This includes:
- developing and implementing policies
- conducting risk assessments
- training workers
- investigating complaints
- taking corrective action where necessary
If an employer fails to take reasonable steps to prevent violence in the workplace, it can create additional legal and safety concerns.
Workers should not feel pressured to remain silent about threats, intimidation, or physical incidents.
Psychological Injuries From Workplace Violence
Not all injuries from workplace violence are visible. Psychological harm can be just as serious as physical harm.
Workers may experience:
- panic attacks
- flashbacks
- depression
- nightmares
- difficulty concentrating
- fear of returning to work
Psychological injury claims can be more challenging because they require medical evidence linking the condition to workplace events. Clear and consistent documentation from healthcare providers is essential.
When Workplace Violence Claims Become Complicated
Workplace violence and harassment claims can become complex for several reasons, including:
- disputes about whether the incident occurred
- disagreement about whether the injury is work related
- reluctance of co-workers to act as witnesses
- questions about whether the conduct meets WorkSafeBC criteria
- denial of benefits for psychological injuries
- early termination of wage loss benefits
If your claim is denied or limited, you may have the right to request a review or appeal the decision.
When To Speak With A WorkSafeBC Lawyer
Workplace violence harassment cases can be emotionally and legally complex. You may want to consider legal advice if:
- your WorkSafeBC claim has been denied
- your psychological injury claim was rejected
- your benefits were reduced or stopped
- you are unsure how to navigate an appeal
- your employer is not addressing ongoing safety concerns
A lawyer who focuses on WorkSafeBC matters can review your situation, explain your rights, and help you understand the next steps.
Getting Legal Help After Workplace Violence In BC
If you have experienced workplace violence or workplace violence and harassment, it is important to understand that you are not alone. Legal support may help clarify your options and reduce uncertainty during an already stressful time.
Gosal & Company focuses exclusively on WorkSafeBC claims and assists injured workers throughout British Columbia. They handle claims management, appeals, and complex cases involving workplace violence harassment and psychological injuries. They offer a free initial consultation.
Gosal & Company has a combined 50+ years of experience assisting injured workers with WorkSafeBC/WCB claims. Sarj Gosal has practiced exclusively in WorkSafeBC/WCB law for over 33 years (since 1993).
To speak with a WorkSafeBC lawyer:
Phone: 604-591-8187
Email: info@gosalandcompany.com
Website: https://www.wcblawyers.com/contact/
This article provides general information only and does not constitute legal advice. If you have specific concerns about workplace violence or a WorkSafeBC claim, consult a qualified WorkSafeBC lawyer to discuss your situation in detail.
