We are living in difficult times, and it seems like people are extra-emotional. What happens if someone loses their cool while you’re at work and assaults you? Do you have a right to file a claim for workers’ compensation? Do you have any other options?
Here’s what you need to know:
Workplace violence is often covered under workers’ compensation
To obtain workers’ comp for your injuries and lost wages, you need to show that the attack was somehow work-related, rather than purely personal. For example, if your employer instituted health and safety policies and a customer took exception to the rules — and took out their frustrations on you with a punch — that’s definitely a work-related assault.
You do have to show that you aren’t at fault for the attack
This isn’t quite as difficult as it sounds, but it is an exception to the general “no-fault” system that guides most workers’ comp claims. Basically, you can’t be guilty of throwing the first punch or shoving a customer around before the attack.
You may also have the ability to file a personal injury lawsuit
It’s sometimes possible to file a civil claim for damages outside of the workers’ comp system when you’re the victim of workplace violence. While a workers’ comp claim is usually your only recourse against your employer, you aren’t limited in the same way against your attacker. There may be other third parties involved in your case that were also negligent, and therefore, responsible for your losses.
If you’ve been injured in a workplace attack, find out more about your options for workers’ compensation and other avenues of financial recovery.
