Can I Receive Workers' Compensation If I Was Assaulted at Work?

 Posted on June 17, 2022 in Workers' Compensation

Workplace violence is a nationwide problem. Anyone in any line of work could experience an assault while on the job. In the last few years, health care workers have been particularly vulnerable to being attacked by patients or their family members. Some lines of work may inherently involve some level of violence - for example, if you are a bouncer at a nightclub then it is far more likely that you may be injured intentionally while working. In other lines of work, assaults are far less likely but do still happen. The good news is that if you were attacked while working, you are likely eligible to receive Workers’ Compensation. Depending on who the assailant was, you may also have additional options for pursuing a claim. 

Getting Workers’ Compensation After Experiencing Workplace Violence

No one should be attacked while they are trying to do their jobs. Even if you were not seriously injured physically, you may still have suffered a significant emotional injury. Being assaulted can be traumatic for anyone. The costs associated with a workplace assault are likely to involve both medical treatment and counseling or therapy. 

Whether the injuries you sustained in your workplace were caused by an accident or by an assault, Workers’ Compensation is most likely available. You will need to show that you were working when the attack happened. This means that you must have been actively engaged in your job duties or on the clock at the time you were attacked. If the assault happened while you were working, it does not matter whether the assailant was someone you work with or a third party. 

Note that Workers’ Compensation will not cover injuries stemming from an assault that took place while you were not at work, even if the assault was work-related in some way. For example, if you go to a bar with your coworkers after everyone has clocked out and your drunk coworker assaults you over something that happened at work, Workers’ Compensation will not cover your injuries. 

What If My Employer Committed the Assault?

If your boss, supervisor, or the owner of the company you work for is the one who assaulted you, you may have the option of pursuing additional compensation by filing a lawsuit. An attack by a manager or company owner can be considered serious and willful misconduct. If this is the situation you are in, you will need to work closely with an attorney to hold them accountable. 

Call a Santa Clara County Workers’ Compensation Attorney

Cramer + Martinez is committed to helping people who were injured on the job recover financial compensation. Our experienced Gilroy Workers’ Compensation lawyers can capably represent workers who were injured as a result of workplace violence. Call us at 408-848-1113 for a free consultation. 

Source:

https://www.insurancejournal.com/news/national/2021/09/09/630718.htm