Workplace assaults can have devastating effects, leaving victims with physical injuries, emotional trauma, and financial strain. If you’ve been assaulted at work, you may be entitled to workers’ compensation benefits to help cover your medical expenses, lost wages, and more.
Understanding your rights and the legal process for filing a workers’ compensation claim after a workplace assault is essential to receiving the support you need. Contact PLBH at (800) 435-7542 to request a legal consultation.
Can You File for Workers’ Compensation After a Workplace Assault?
In most cases, workers’ compensation benefits are available to employees who are injured on the job, including those who suffer injuries from a workplace assault. The key factor is that the assault must be related to your work or occur while you are performing job duties.
Examples of workplace assaults that may qualify for workers’ compensation:
- A customer or client physically attacks you while you are serving them.
- A co-worker becomes violent during an argument related to work duties.
- An assault happens on company premises during your work hours.
However, if the assault was personal in nature and unrelated to your employment (e.g., a domestic dispute that spills into the workplace), workers’ compensation may not apply.
Steps to Take After a Workplace Assault
If you’ve been assaulted at work, it’s important to take immediate steps to protect your health and ensure you follow the proper legal procedures.
1. Seek Medical Attention
Your health and safety are the top priority. Seek medical attention immediately, even if your injuries seem minor at first. A healthcare professional can evaluate your condition and document your injuries, which is crucial for your workers’ compensation claim.
2. Report the Assault to Your Employer
It’s essential to report the workplace assault to your employer as soon as possible. Under workers’ compensation laws, there are strict deadlines for reporting workplace injuries. Failing to notify your employer in a timely manner can lead to delays or denial of your claim.
3. Document the Incident
Collect as much information as possible about the assault. Document details such as:
- The date, time, and location of the assault.
- The individuals involved and any witnesses to the incident.
- The nature of your injuries and medical treatment you received.
This documentation will support your workers’ compensation claim and help provide evidence of the assault’s connection to your work duties.
Filing a Workers’ Compensation Claim for a Workplace Assault
Once you have reported the assault to your employer, the next step is filing your workers’ compensation claim. Your employer should provide you with the necessary forms and guide you through the initial steps. However, navigating the process can sometimes be challenging, especially when dealing with the aftermath of an assault.
Key steps in filing your claim:
- Complete the necessary paperwork: Make sure you fill out all required forms accurately and submit them within the required deadlines.
- Submit medical records: Include all relevant medical documentation that supports your claim, detailing the extent of your injuries and the treatment you received.
- Follow up with your employer’s insurance company: You may need to provide additional documentation or attend medical evaluations arranged by the insurance company.
Challenges in Workers’ Compensation Claims for Assault
Filing a workers’ compensation claim after a workplace assault can present unique challenges, as some employers or insurance companies may dispute the claim or the connection between the assault and your job duties.
Common challenges include:
- Disputes about work-relatedness: Employers or insurance companies may argue that the assault was not work-related, especially if it involved personal disputes or occurred outside of regular work hours.
- Delays in receiving benefits: The emotional and physical trauma from the assault can make it difficult to handle the workers’ compensation process. Delays in paperwork or medical evaluations can result in prolonged waiting periods for your benefits.
Additional Legal Options Beyond Workers’ Compensation
While workers’ compensation is the primary way to seek compensation after a workplace assault, there may be additional legal avenues to explore.
Other potential legal claims include:
- Third-party liability: If a third party (such as a customer or contractor) assaulted you, you may be able to file a personal injury lawsuit against that individual for further compensation.
- Criminal charges: Depending on the severity of the assault, criminal charges may also be filed against the assailant, though this is separate from your workers’ compensation claim.
How PLBH Can Help You
Navigating the legal system after a workplace assault can be overwhelming. At PLBH, we are dedicated to helping employees who have been assaulted at work secure the workers’ compensation benefits they deserve. We can assist you with filing your claim, gathering the necessary documentation, and representing your interests throughout the process.
Contact PLBH for Legal Assistance
If you’ve been assaulted at work, you don’t have to face the aftermath alone. Contact PLBH at (800) 435-7542 to discuss your case and learn more about your rights. We are here to provide the legal support you need to pursue workers’ compensation and any other claims available to you.