If I Was Assaulted At Work, Can I Receive Workers’ Compensation?

Posted on September 22 2015 by Agnew & Rosenberger, PLLC

In most cases, workplace injuries arise from unforeseeable accidents. For example, a waiter may slip on water in a restaurant’s kitchen, causing them to fall and hurt their back. In another situation, a construction worker’s hand may be caught in a machine, causing significant injury to the hand and wrist area. Those caused by other employees, such as assault, often go without notice, since many people do not consider these accidents. In fact, the Occupational Safety and Health Administration reports that about 2 million employees are injured in violent incidents in the workplace every year. The question is: Can a person receive workers’ compensation for injuries that occur as a result of the assault?

In most cases, a person can receive workers’ compensation if the attack was work-related and occurred at the workplace while performing their duties. While some assaults involve an outside person attacking an employee, others occur as the result of two employees fighting with each other. If a person becomes injured in a fight with another employee or an outside person while performing their duties, they may qualify for workers’ compensation.

What if the Injury Was My Fault?

Workers’ compensation operates on a “no-fault” system. This means that, in most cases, you would be eligible for benefits regardless of your role in the accident. However, it is important to note that you cannot receive workers’ compensation if you were the initial aggressor. Therefore, if you are involved in an altercation but did not initiate the fight, you may be eligible for benefits.

What Do I Do If You Suffer a Workplace Assault Injury?

If you have been injured in a workplace assault, it is important to complete a few steps that can help you receive workers’ compensation benefits:

  1. Seek medical attention right away. Healthcare professionals can document your injuries and expenses, which could help your case.
  2. Notify your employer immediately. It is important to contact your employee immediately after the assault. After this step, your employer will give you claim forms so that you can apply for workers’ compensation benefits.

Let Agnew & Rosenberger PLLC Help You

If you have suffered an injury due to workplace violence,the Virginia workers’ compensation lawyers at Agnew & Rosenberger PLLC may be able to help you. When you choose to work with our firm, you become more than just a client; you become a priority. We can examine your case and formulate a strategy that can help you receive workers’ compensation benefits. The Virginia workers’ compensation attorneys at our firm can deliver the aggressive representation you need to win your case.

Call Agnew & Rosenberger PLLC, and we will supply you with a 100% risk-free consultation!

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