Workplace Violence: Can You Get Workers’ Comp for Assault Injuries?

Workplace violence is a grim reality, with the Occupational Safety and Health Administration (OSHA) identifying it as the third leading cause of fatal occupational injuries in the United States. In 2023, 740 workplace fatalities were attributed to violent acts, with homicides comprising 61.9% of these incidents. If you’ve been assaulted at work, you’re likely wondering: Can you get workers’ compensation for assault injuries? The answer, while not always straightforward, is often yes.

Understanding Workplace Violence

Workplace violence encompasses a wide range of incidents, from threats and verbal abuse to physical assaults and even homicide. It’s defined as any act of violence or threat of violence that occurs in a place of employment. This can include:

Physical attacks: Punching, kicking, pushing, or other physical harm.
Assault with a weapon: Use of firearms, knives, or other dangerous objects.
Sexual assault: Any unwanted sexual contact or advances.
Threats: Verbal or written expressions of intent to cause harm.
Harassment and intimidation: Persistent unwelcome behavior that creates a hostile work environment.

Workplace violence can originate from various sources, including coworkers, customers, clients, or even strangers with no connection to the business.

Is Workplace Violence Covered by Workers’ Compensation?

Workers’ compensation is designed to provide medical benefits and wage replacement to employees who experience work-related injuries or illnesses. While it commonly covers accidents like falls or equipment malfunctions, it also extends to intentional acts, including injuries resulting from workplace violence.

In many states, workers’ compensation covers expenses related to assault injuries at work, including loss of income, medical expenses, and more. To qualify for benefits, the incident must generally be related to your employment. Injuries sustained during a personal dispute or resulting from your provocation may not be covered. However, if you are a victim of a workplace assault that is related to your employment and are injured, you are likely entitled to workers’ compensation benefits.

Types of Workplace Assaults Covered

Several types of workplace assaults are typically covered by workers’ compensation:

Criminal Intent: When someone with no legitimate business at the workplace commits a crime, such as robbery or shoplifting, and injures an employee.
Customer-on-Worker: When a client, patient, or customer becomes violent while receiving services.
Worker-on-Worker: When an employee assaults another employee, often stemming from work-related disputes.

When is Violence Not Covered?

There are situations where workers’ compensation may not cover workplace violence:

Personal Disputes: If the assault arises from a personal issue unrelated to work, such as a domestic dispute that spills into the workplace.
Employee as Aggressor: If you initiated the physical aggression, you might not be eligible for benefits. However, self-defense is generally an exception.
Outside the Scope of Employment: Assaults occurring outside of work hours or during non-mandatory events may not be covered.

Steps to Take After a Workplace Assault

If you experience a workplace assault, taking the following steps is crucial:

Seek Medical Attention: Your health and safety are the top priority. Get immediate medical attention for any physical injuries. This also creates a record of your injuries, which is essential for your claim.
Report the Incident: Notify your supervisor, manager, or HR department as soon as possible. Follow your workplace’s specific reporting protocols.
Keep a Record: Maintain detailed records of the assault, including medical reports, incident reports, and any communication with your employer.
File a Workers’ Compensation Claim: Your employer will provide the necessary claim forms. Complete them accurately and submit them promptly. In Pennsylvania, you must notify your employer of your workplace injury within 21 days from the date of onset.
Follow Up: After submitting your claim, follow up with your employer or their workers’ compensation insurance carrier to ensure it’s being processed.

The Importance of Proving the Connection to Employment

To successfully receive workers’ compensation for assault injuries, you must demonstrate that the assault arose out of your employment. This means showing that the assault was connected to your job duties or the work environment.

For example, if you and a coworker had a disagreement about how to perform a task, and the disagreement escalated into a physical altercation, your injuries would likely be covered. However, if the assault stemmed from a personal grudge unrelated to work, your claim might be denied.

Third-Party Claims

In some cases, you may have the option to pursue a third-party claim in addition to workers’ compensation. This could involve suing the attacker for damages like emotional distress and pain and suffering, which are not typically covered by workers’ compensation.

You might also be able to sue your employer if their negligence contributed to the assault. For example, if your employer failed to provide adequate security despite knowing about the risk of workplace violence, they could be held liable.

Preventing Workplace Violence

Employers have a responsibility to create a safe work environment for their employees. This includes implementing measures to prevent workplace violence, such as:

Workplace Violence Prevention Programs: Developing and implementing a comprehensive program that addresses potential risks and provides training to employees.
Risk Assessments: Regularly evaluating the workplace to identify potential hazards and vulnerabilities.
Security Measures: Implementing security measures like security guards, surveillance cameras, and controlled access to the building.
Training: Providing employees with training on how to recognize and respond to potentially violent situations.
Reporting Systems: Establishing a clear system for employees to report incidents of workplace violence without fear of retaliation.

The Role of a Workers’ Compensation Attorney

Navigating the workers’ compensation system after a workplace assault can be complex. An experienced workers’ compensation attorney can help you:

Understand your rights and options.
Gather evidence to support your claim.
File your claim accurately and on time.
Represent you in negotiations with the insurance company.
Appeal a denied claim.
Explore third-party claim options.

Conclusion

Being a victim of workplace violence is a traumatic experience. While workers’ compensation may provide benefits following on-the-job assaults, compensation is not available in every situation. By understanding your rights and taking the necessary steps, you can increase your chances of receiving the benefits you deserve. If you have been injured in a workplace assault, consulting with a qualified workers’ compensation attorney is highly recommended to protect your interests and navigate the legal process.