Most workers’ comp cases are truly accidental. Workers’ comp usually refers to cases when an employee gets hurt on the job. However, assault can also be covered under workers’ comp, but certain factors must be considered. Reach out to a Virginia Beach workers’ comp lawyer if you have any queries about the workers’ comp claim and its process.
What does workers’ comp cover?
Workers’ comp is an insurance used to protect employees who have suffered injuries in a workplace accident. Workers’ comp can also cover assault, but only if the assault was related to work. For this, you will need to prove that the assault happened while performing your duties assigned by your employer or job. In some states, you may also be required to prove that the motivation for the assault was related to work and was not personal.
Fault exception
Workers’ comp works on a “no-fault” basis. This means that you may be able to receive compensation for your work-related injuries, even if the accident was your fault. You do not necessarily have to prove that the accident occurred due to someone else’s fault.
However, in cases of assault, you will not be able to receive benefits if you were the aggressor who initiated physical violence.
Employers should protect their workers.
When you are at your workplace, your employer must ensure that you have a safe environment to work in. In most states of the USA, employers must have workers’ comp insurance before hiring employees. Employers should also take steps to make sure that the workers are protected from violent crimes.
Workers’ comp is not your only option.
If you have been assaulted in your workplace while carrying out your duties, you may wish to file a workers’ comp claim. However, there may be cases when your claim is denied, or workers’ comp may not cover cases like yours. On the other hand, you may receive compensation but still feel like justice was not achieved. In such a situation, you can sue the assaulter for damages. Depending on the case, you can even take legal action against your employer for negligence. Make sure to discuss the options with your lawyer before making a decision.
Reach out to a legal professional today
If you have been assaulted at work, you should seek legal help immediately. Do not hesitate to schedule a consultation with an experienced workers’ comp lawyer today and protect your rights.
