Being assaulted at work is an experience no one should ever have to go through. If this happened to you, you may wonder about your legal options.
Can you file a workers’ compensation claim after experiencing assault at work? A workplace assault lawyer can provide a more personalized answer to this question.
For legal assistance, contact our workers’ compensation lawyers in New York today.
What Is Workplace Assault?
Workplace assault can encompass any physical violence workers experience while on the job, whether from coworkers, customers, or other individuals. When workplace assault leads to injury, employees often wonder how they can seek compensation for their medical expenses and related damages.
Common examples of workplace assault can include the following:
- Hitting
- Shoving
- Kicking
- Sexual assault
- Using weapons
- Theft or robbery involving force
A worker might experience physical violence from a person attempting to rob their place of employment. Or they could be physically assaulted by a coworker during an altercation. Physical assault is also relatively common in healthcare, when a patient assaults a medical provider.
The Bureau of Labor Statistics (BLS) reported over 57,000 cases of workplace violence in the 2021-2022 period. The cases counted in this figure include those that required days away from work, transfer, or job restriction. The highest counts of workplace violence occurred in the healthcare and social assistance sector, followed by educational services.
Does Workers’ Compensation Apply to Workplace Assault?
If you were injured in a workplace assault incident, can you file a workers’ compensation claim? Workers’ compensation generally applies to injuries that happen at work or while an employee is completing their job duties. Workplace assault typically falls under this umbrella.
Workers’ compensation can cover your medical expenses and up to two-thirds of your lost wages while you are recovering from a work-related injury. Claiming workers’ compensation prevents you from holding your employer directly liable for the incident.
There are a few cases in which a workers’ compensation claim may be denied after an assault incident:
- The employee initiated the fight or was the aggressor.
- The employee sustained injuries while commuting to or from work, not performing work duties.
- The assault was due to a personal altercation unrelated to work.
In these cases, you may want to speak with a workers’ compensation lawyer about your legal rights and options.
What To Do if You Are Physically Assaulted at Work
Experiencing physical assault at work can be incredibly jarring. You may not know what steps to take after the incident or be able to think clearly about how to protect yourself.
Generally, following these steps after a workplace assault may be helpful:
- Notify your employer: Alerting your employer about the incident can help them implement protections to keep you safe, such as removing the aggressor from the premises. You must also notify your employer in writing within 30 days of the incident if you plan to file a workers’ compensation claim.
- Seek a medical evaluation: You should seek medical treatment after experiencing physical violence, even if you feel okay at first. You may have underlying injuries that require treatment. A medical exam also provides documentation that can help support your compensation claim.
- Contact law enforcement: Physical violence can also lead to criminal charges. You can contact local law enforcement to report the incident, which can also provide a police report that can act as further documentation in your case.
- Write down your account of what happened: Soon after the incident, write down all of the details you can remember about it so that you have a log of what happened.
- Explore your compensation options: You may decide to file a workers’ compensation claim after a workplace assault. It may be a good idea to speak with a workers’ compensation attorney in New York first to understand your rights and explore other potential outlets for seeking compensation.
Can You File a Personal Injury Claim After Workplace Assault in New York?
While workers’ compensation benefits often apply to workplace assault incidents, you may be eligible for other types of compensation. A workplace assault lawyer can discuss filing a personal injury lawsuit against the person who assaulted you. You may be able to seek both economic and non-economic damages related to the injury.
Economic damages cover expenses such as medical bills, time off work, and loss of earning capacity. Non-economic damages cover losses you experienced from the assault that do not have a monetary price tag, such as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
You may be eligible to file a personal injury case even if the aggressor did not face criminal charges.
Speak with your workers’ compensation lawyer about this process.
Time Limits and Deadlines for Seeking Compensation After a Workplace Assault
While the days and weeks after a workplace assault can feel overwhelming, it is important to keep a few deadlines in mind to protect your right to compensation.
- Notify your employer of the incident in writing within 30 days. Often, the sooner you notify your employer, the better.
- File a claim with the Workers’ Compensation Board within two years of the incident.
- File a personal injury lawsuit within three years of the incident.
Missing these deadlines could prevent you from seeking adequate compensation. If you are unsure of the deadlines that apply to your case, a workers’ compensation attorney in New York can provide guidance and clarity.
Seek Legal Assistance After a Workplace Assault
You likely never expected to experience assault at work, and now you are dealing with the aftermath of this traumatic event. While you know that you have legal options, pursuing them may feel overwhelming.
Pyrros, Serres & Rupwani represent injured workers across New York City. Whether you need assistance reporting a workplace injury, understanding your legal rights after a workplace assault, or filing for workers’ compensation, we can help you make informed decisions.
Request a free consultation with our workplace assault lawyers today by calling 718-626-7730 or texting 646-902-4588.
Frequently Asked Questions
How many workers die from workplace assault each year?
The CDC reported that 392 workers died from workplace assault in 2020, while there were 524 fatal work injuries due to homicides in 2022.
Is your company liable if you are assaulted at work?
A company could be partially responsible for a workplace assault incident if it failed to provide a safe environment through negligent actions. However, in New York, you generally cannot hold an employer directly liable for injuries unless they intentionally caused them. Speak with an attorney about employer liability for workplace violence claims.
Can you press charges if someone assaults you at work?
Yes, you generally have the right to press charges or initiate a criminal complaint after a workplace assault, even if you feel the assault was minor. You can start by filing a police report.
How far back can you file a workers’ compensation claim?
You can typically file a workers’ compensation claim for up to two years after a workplace accident in New York. However, you must have notified your employer within 30 days of the incident in many cases. There may be exceptions to this rule; seeking legal representation from a workplace assault lawyer can help you understand your options.
