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Can I Get Workers’ Comp if I Am Assaulted at Work?

What Is Workplace Violence?

According to the Occupational Safety and Health Administration (OSHA), workplace violence is “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” It encompasses everything from threats of violence to the violent acts themselves.

If you have experienced workplace violence or assault, call (844) 612-5800 to speak to an Orange County workers’ compensation lawyer at Humphrey & Associates immediately.

Examples of Workplace Violence

Common forms of workplace violence include (but are not limited to):

  • Violent robbery or theft at the work site
  • Physical harm to an employee at the hands of a client, customer, guest, or other service recipient
  • Domestic violence or abusive encounters with an intimate partner at the work site
  • Discriminatory threats or violent acts against people of a certain race, religion, etc.
  • Sexual assault

According to OSHA, all of these forms of violence fall into one of 4 categories:

  • Criminal intent: Violence that occurs when anyone, including employees, former employees, and non-employees, enter the workplace with the intent to commit a violent act.
  • Violence from service recipients: If you are attacked by a patient, client, guest, customer, or any other consumer who is receiving a service from your business, this is considered workplace violence.
  • Violence between co-workers: This occurs if you are threatened, attacked, or harmed by someone you work with, someone you used to work with, someone who you formerly worked with, or otherwise.
  • Private or personal: This sort of workplace violence can occur when a couple is splitting up and has a physical encounter, two friends engage in a dispute and it becomes violent, or any other instance in which a personal, non-work-related relationship between an employee and another person takes a violent turn in a place of work.

Workers’ Compensation for Workplace Violence

Not every form of workplace violence allows you access to workers’ compensation, though you should always consult with an experienced workers’ comp attorney if you are unsure.

Typically, you must be able to demonstrate that the violence you suffered was work-related. This means that workplace violence that occurs in the context of a personal romantic relationship may not qualify you for workers’ compensation benefits, even though it is technically still considered workplace violence. However, if the violent incident or threat of violence occurred in the context of a relationship between two co-workers or a superior and a subordinate employee, workers’ comp may be an option, as well as in cases of workplace violence involving service recipients.

If you are involved in an altercation with a client or another employee, you may not be able to get workers’ comp if you started it or can be proven to have initiated the violence or violent threats.

How to Apply for Workers’ Compensation in Cases of Workplace Violence

One of the first things you should do after experiencing violence in the workplace is seek immediate medical attention for your injuries and obtain official documentation of the harm done and the costs to you. You should then communicate with your employer about the injuries and how they came about. It is generally recommended that you do so as soon as possible, but no later than 30 days after the incident.

Then, secure legal representation by calling Humphrey & Associates at (844) 612-5800.

Speak with a Workers’ Compensation Lawyer in Orange County and Los Angeles

We can help guide you through the process of applying for workers’ comp benefits, and we can ensure you are treated fairly. Many employers are hesitant to give their employees the compensation they need, even when it is apparent that the injuries and expenses occurred because of a co-worker, customer, or job-related duty.

However, when you contact our team of experienced workers’ compensation attorneys in Orange County, you can be sure your case will be handled with dignity, efficiency, and a commitment to getting you what you need. Let us walk you through the workers’ compensation process and help you get your best outcome.

Call today or send us an email to schedule you free initial consultation.