Workers’ Compensation for Assault in the Workplace

The Delaware workers’ compensation attorneys of Silverman, McDonald & Friedman help protect the rights of injured employees throughout the state. If you were a victim of assault in the workplace, you may be entitled to benefits. Please contact ones of our offices in Wilmington, Seaford or Newark to find out more.

You might think that a workplace injury usually involves an accident, such as when someone slips on the floor and injures their back, or when they injure their back moving heavy equipment, but workplace violence is a significant cause of occupational injury. The Occupational Safety and Health Administration (OSHA) reports that homicide is the fourth leading cause of fatal occupational injuries in the United States. The Bureau of Labor Statistics (BLS) reports that of the 4,679 fatal workplace injuries in the U.S. in 2014, 403 were workplace homicides. Approximately 2 million workers report that they have been victims of violence at work each year, but many more cases occur but go unreported.

Injuries from work-related assaults

Often when you think of incidents of workplace violence, instances come to mind that were covered on the evening news, when a lone, disgruntled gunman opens fire on his boss and coworkers, but workplace violence also happens on a much smaller scale. For example, a clerk at a jewelry store is shot in a robbery, an emergency room patient assaults the nurse and orderlies, or a dispute among two coworkers erupts into violence on the job.

As long as the violent incident was related to your work tasks, you should be eligible to file for workers’ compensation for your injuries. However, if the attack was of a personal nature, but took place at your job, you may not be able to file a workers’ compensation claim. For example, if you were injured at work when an employee who had been recently fired came back and sought revenge on his boss, that would likely be considered an injury you could claim for workers’ compensation. However, if you happened to be at work in a department store and your scorned partner comes in and attacks you, that would be a personal situation and you would more than likely not be approved for a workers’ compensation claim.

In a situation where you have been injured in an act of violence at work, you would do well to schedule a consultation with a workers’ compensation attorney who can help manage your claim, file a criminal complaint on your behalf and explore the option of a third-party cause of action.

If you are an employee who has been injured because of violence in the workplace while you were doing your job, you may have grounds for filing a workers’ compensation claim. Workers’ compensation benefits cover medical expenses incurred as a result of the workplace injury, partial wage-replacement benefit payments and a monetary awarded if the occupational injury results in a permanent disability.

Have you been injured in a violent assault in your workplace? If so you may have many questions about compensation for your injuries. An experienced workers’ compensation attorney at Silverman, McDonald & Friedman can protect your rights to fair compensation and to represent your interests when you have been injured or contract an occupational disease during the course of your daily work tasks. You are welcome to call 302-888-2900 fill out our contact form to make an appointment for a free consultation at our offices in Wilmington, Newark or Seaford today.