If you work for an employer, then you probably know how and when to file a workers’ compensation claim. However, some workplace injuries are more complicated than others, and your employer may attempt to deny your claim based on the nature of the injury and the way you received it.
This is especially true of injuries a worker receives from an assault while on the job. A Workplace assault can happen anywhere, even in jobs where there is little physical activity or personal interaction. Some employers overreact to these situations and unfairly punish the victim of an assault for his or her involvement, or attempt to deny a workers’ compensation claim merely because of the nature of how the injury occurred.
In very broad strokes, you may file a workers’ compensation claim for injuries you receive in an assault while on the job. However, if you received your injuries in an on-the-job assault that was personally motivated and not related to some aspect of the job itself, then your employer may try to avoid honoring your claim. Similarly, if you receive injuries in a fight that you instigate physically, then you may also find your claim denied.
It is usually simplest and wisest to resolve these issues with the help of an experienced workers’ compensation attorney who understands the importance of protecting workers’ rights and seeking full compensation for victims’ injuries and losses. With the help of an attorney, you can evaluate your assault experience and focus on your physical recovery while the attorney focuses on protecting your interests and the interests of employees everywhere.
Source: Findlaw, “Can I Get Workers Comp If Assaulted at Work?,” accessed Dec. 15, 2017