You went to work as usual, expecting a normal shift, but instead an incident left you physically hurt or shaken. If you suffered harm from an assault or another unpleasant incident on the job, you may wonder what your rights might be and how the law can protect them.
This guide covers how workplace violence links to workers’ compensation in New York. You can also speak directly with Pyrros, Serres & Rupwani’s workers’ compensation attorney in New York for guidance surrounding your specific situation.
Understanding Workers’ Compensation for Workplace Violence Injuries
The term “workplace violence” applies to several different situations. Entities like the Occupational Safety and Health Administration (“OSHA”) often define it as acts or threats of physical violence, harassment, intimidation, and other disruptive behavior at a work site. This harm may come from a coworker, a customer, a patient, or a stranger, and you cannot pursue a workers’ compensation claim in New York for every type of incident.
According to the U.S. Bureau of Labor Statistics, private industry employers in New York reported 122,400 nonfatal workplace injuries and illnesses in 2024. Workers’ compensation for workplace violence injuries exists to provide medical care and wage replacement in these types of situations. However, the key question in any such claim is whether your injury arose out of and within the scope of your employment.
A Workers’ Compensation Attorney in New York Describes Who Qualifies for Benefits After an Assault at Work
So, can workplace violence injuries qualify for workers’ compensation? When the violence in question connects to your job duties, your claim may have a stronger footing. Your eligibility for workers’ compensation after workplace violence may be less certain if the attack was due to a purely personal dispute, for example.
Some workers have access to clear coverage because their jobs put them in harm’s way. Examples are New York’s first responders, correction officers, security staff, home health aides, and hospital employees, who often deal with violence as part of the work itself.
According to a CDC bulletin on healthcare workers, workplace violence in the healthcare industry occurred at a rate of 14 nonfatal injuries involving days away from work per 10,000 full-time workers in 2021 to 2022. This was more than triple the rate recorded for all industries combined.
Several other factors also support compensation coverage for workplace violence injuries, including:
- Regular contact with the public
- The exchange of money
- Delivering passengers
- Providing goods and services
- Working alone or late at night
- Caring for patients or clients in health care or social service settings
- Working in a high-crime area
- Guarding valuable property
Coworker violence sits in a grayer area. You may still recover benefits, depending on the conduct and whether a manager knew or should have known about a risk to your person. An insurer may look for evidence that an assault happened outside the scope of your employment, such as at a casual weekend gathering rather than a required work event.
Filing Workers’ Compensation Claims for Assault at Work
If you decide to file a workers’ compensation claim after an assault at work, it will follow the same general path as other on-the-job injuries under workers’ compensation in New York. Documentation carries extra weight, so be sure to report the incident to your employer promptly within 30 days and seek medical care so a provider can record your injuries. Gaps in reporting can give an insurer room to dispute your claim, so it is also important to adhere to the timelines that apply in New York.
The U.S. Bureau of Labor Statistics recorded 57,610 nonfatal cases of workplace violence over the 2021-2022 period that required days away from work, job restriction, or transfer. Health care and social assistance workers absorbed most of those reported cases. Reviewing the state’s frequently asked questions about workplace violence prevention can help you understand the broader rules that apply to your profession.
What Workers’ Compensation May Cover After an Incident
Pursuing workers’ compensation in New York can provide a fixed set of benefits. Common claims may get coverage for medical treatment related to the injuries or supply a portion of someone’s lost wages while they recover after an assault. However, in some situations, a violent incident may also support a separate third-party lawsuit against the person or business responsible for the harm.
The personal injury path is different from workers’ compensation and may apply when someone outside your direct employer has caused your injuries at work. Mental and emotional harm can also play a role in these personal injury claims.
The CDC report cited above suggests that the true scope of the violence-at-work problem may be larger than the numbers suggest, as many incidents still go unreported. Verbal threats or harassment may not be formally documented. Violence-related claims may also face more resistance than a typical slip or lifting injury, with parties like an insurer trying to argue that the attack was personal or happened outside of your duties.
Knowing what benefits may apply can help claimants set more realistic expectations. A clear understanding of your options and solid legal representation may also make it easier to spot when an insurer is undervaluing a claim without good reason. Strong evidence also helps, including medical records, incident reports, witness statements, and a clear timeline to support the connection between the work and your injuries.
Choose Pyrros, Serres & Rupwani To Represent Your Workplace Violence Claim
When opposing counsel or an insurance firm disputes the facts of your case, the stakes may rise. A careful, well-documented approach could make all the difference.
Relying on your rights to workers’ compensation in New York may provide some much-needed benefits after a violent incident on the job. It is important to take the right steps when reporting a workplace injury so that any claim you choose to make later can start on solid footing. Legal representatives like those at Pyrros, Serres & Rupwani can work on your behalf to pursue the workers’ compensation you may qualify for after work-related injuries and car accidents.
If you have suffered injuries from violence at work, call Pyrros, Serres & Rupwani today at (718) 626-7730 to discuss your options. Whether you are considering applying for workers’ compensation in New York or starting a personal injury lawsuit, we may be able to help you.
Frequently Asked Questions
Learn more about your rights after a violent incident at work below.
Does Workers’ Compensation Cover Injuries From a Coworker Attack?
Workers’ compensation may cover injuries from a coworker attack when the violence connects to your job rather than a purely personal dispute. The specific facts and your employer’s knowledge of any risk can affect these claims.
How Long Do I Have To Report a Workplace Violence Injury?
In New York, injured workers should notify the employer within 30 days and file Form C-3 with the Workers’ Compensation Board within two years. It is also important to promptly receive medical care so that your injuries will be properly documented. Delays may give your insurer grounds to challenge your claim.
Can a Workers’ Compensation Lawyer in New York Help Me File an Additional Lawsuit?
Depending on the circumstances of the attack and whether someone other than your employer was responsible for your injuries, you may be able to file a separate third-party lawsuit in addition to a workers’ compensation claim.
Who Qualifies for a Workers’ Compensation Claim in New York After Workplace Violence?
Workers who suffer injuries from a violent incident that arises out of and within the scope of their job duties may qualify for workers’ compensation in New York. Eligibility depends on the connection between the attack and the work performed.
