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Can I Get Workers’ Compensation If I Was Assaulted at Work?

Getting assaulted at work is a lot to process, and figuring out your legal options probably isn't the first thing on your mind afterward. But if you're wondering whether workers' compensation covers what happened to you, it's a fair question, and the answer is usually yes.

 

That said, it does depend on the situation. Here's what you need to know.

What Is Considered Workplace Violence?

Workplace violence isn’t limited to just a coworker throwing a punch in the break room. It can include anything from threats to intimidation and physical attacks from coworkers, supervisors, customers, patients, or even strangers who have no connection to your job at all, as long as it happens while you’re carrying out your work duties.

Can I Get Workers’ Compensation If I Was Assaulted at Work?

Yes, in most cases. New York law generally presumes that an injury occurring while you’re at work arose out of your employment, and that presumption typically extends to assaults. That means you usually don’t have to prove your employer should have seen the attack coming in order to qualify for benefits.

 

That said, this isn’t always a guarantee. Whether your situation qualifies will typically come down to who assaulted you, why, and whether the incident is genuinely connected to your job, rather than something personal that just happened to occur at your workplace.

What Are the Main Requirements for Obtaining Workers’ Compensation?

To qualify for workers’ comp benefits in New York, your injury generally needs to have happened in the course of your employment, which means while you were doing your job or something reasonably connected to it. You’ll also need to report the injury to your employer and file a claim within the required timeframes (30 days for notifying your employer in writing and 2 years for filing a formal claim with the Workers’ Compensation Board), and you’ll typically need documents like medical records or witness statements to support what happened.

 

These requirements apply the same way to an assault as they would to any other workplace injury. However, the stipulation with assault cases is that how it happened is generally more closely scrutinized than it might be in something like a slip and fall case.

When Might You Be Entitled to Workers' Comp for Workplace Violence?

You’re generally on solid ground if you were assaulted by a customer, patient, or member of the public while doing your job, since that’s exactly the kind of risk certain roles are inherently exposed to. The same is usually true if a coworker assaulted you over something work-related, like a dispute about job duties, a disagreement during a shift, or workplace harassment.

 

Even when the assailant's motive isn't entirely clear, New York's legal presumption still tends to favor coverage unless there's solid evidence the incident had nothing to do with work at all.

What Types of Workplace Assaults Typically Don’t Qualify for Workers’ Compensation?

In short, if the assault stems from something personal rather than anything related to your job. If a coworker attacked you because of a dispute that had nothing to do with work, like an outside relationship or an old personal grudge, an insurer may argue the injury didn’t actually arise out of your employment, even though it happened at your workplace.

 

The same goes for incidents that happen outside the course of your job duties altogether, such as an altercation during an optional, non-work social gathering with coworkers rather than a work event. Self-inflicted injuries generally don't qualify either, though there are sometimes exceptions depending on the circumstances.

Can I Sue My Employer If I Was Assaulted at Work?

Generally speaking, New York's workers' compensation system is considered your exclusive remedy against your employer, meaning you typically can't sue them separately for negligence on top of a workers' comp claim. That said, there could be an exception if your employer or a coworker intentionally assaulted you. Any intentional act generally falls outside the exclusive remedy rule, which may allow you to pursue a separate lawsuit in addition to your workers’ comp claim.

 

You may also have grounds for a third-party lawsuit if someone other than your employer or a coworker, such as a customer or an outside individual, caused the assault. Because these situations can get complicated quickly, that’s why it's worth having an attorney review the specifics of what happened before assuming you only have one path forward.

Important Timelines to Know If You Were Assaulted at Work

You generally need to notify your employer of the injury within 30 days; waiting too long could jeopardize your ability to recover benefits at all. If you're also considering a separate lawsuit, whether against your employer for an intentional act or against a third party, you typically have one year from the date of the incident.

How Do I File a Workers’ Compensation Claim for a Workplace Assault?

Start by reporting the assault to your employer as soon as you’re able to, and seek medical treatment right away, both for your well-being and because medical documentation will play an important part in your claim. From there, you’ll need to file a claim with the New York Workers’ Compensation Board, which generally involves submitting details about the incident, your injuries, and supporting documentation like medical records, police reports, or witness statements, if available.

 

Because assault claims tend to draw more pushback from insurers than other types of workplace injuries, it's worth having an attorney help build your claim from the start rather than dealing with a denial after the fact.

Key Takeaways

New York law presumes that an injury occurring at work arose out of your employment, which generally includes assaults.

Whether your claim qualifies typically depends on who assaulted you and why, not just where it happened.

In limited situations, you may also be able to sue your employer or coworker directly, in addition to filing a workers’ comp claim.

Were You Assaulted At Work? Contact Our Lawyers to Learn What Your Rights Are

If you were assaulted on the job, you may have more options than you realize, both for workers' compensation and, depending on the circumstances, a separate legal claim. Contact our New York firm today or call 212-739-7278, and we’ll help you understand exactly what you’re entitled to and the best path forward for your situation.

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