Does Workers’ Comp Cover Workplace Violence?

Workplace Violence And Workers' Compensation

While workers’ compensation is known to provide medical benefits to workers who have slipped and fallen on the job, or who have been hit by falling objects, many Americans aren’t sure whether or not workplace violence is covered.

According to the Occupational Safety and Health Administration (OSHA), American workers have filed more than 2 million reports a year claiming to be victims of workplace violence, and that the actual number is much higher, as many workers fail to report incidents.

Call our San Diego work injury lawyer at (619) 473-7569 or contact us online today for more information. Leigh Law Firm can discuss your claim during a free consultation.

Is Workplace Violence Covered By Workers' Compensation?

Workplace violence is only covered by workers' compensation if you were injured by another employee -- a supervisor or coworker. Injuries caused by a violent individual who is not an employee, like a package delivery person, are not covered.

To be covered by workers' compensation, you must be able to prove that your injuries were caused by a violent act in the workplace, which requires extensive evidence. In order to prove your case and receive the workers’ compensation benefits you deserve, it’s important that you contact a workers’ comp attorney who can use their resources to build your claim.

What Is Workplace Violence?

Workplace violence is defined as any threat or act of physical violence, intimidation, or harassment that occurs at one’s place of work, and can range from:

Verbal threats
Physical assault
Property damage
And sometimes can include homicide

Some workplaces have a higher risk of workplace violence than others.

Which Workplaces Have A Higher Risk of Workplace Violence?

Workplaces have a higher risk of violence if they:

Work with the public
Work with the transportation of passengers or goods
Work with money or valuables
Work with mentally unstable individuals, like in hospitals
Work unusual hours, like late at night
Work in high-crime neighborhoods

Alternative Options to Workers’ Comp

If someone outside your company is responsible for the violence that caused your injuries, you have the right to pursue a claim against that person, which is known as a third-party lawsuit. Depending on your state laws, you may also be able to file an independent claim against your employer, due to inadequate security.

Call our workers’ comp lawyer to help you understand your options. Our attorney has the experience and resources needed to look into your case and help you recover damages by seeking maximum compensation.

Leigh Law Firm Can Fight for Your Full Recovery

From construction workers to professional athletes, Leigh Law Firm is committed to representing all employees in their workers’ compensation claims. Our workers’ comp and personal injury attorney, Alexander J. Leigh, prioritizes his clients’ well-being and isn’t afraid to go up against insurance companies to achieve the compensation they deserve.

If you’ve been injured in an accident or in the workplace, you may be at your most vulnerable. We can provide aggressive advocacy when you need it the most. Whether you need help filing a workers’ comp claim, or need a strong ally in the courtroom, we can be there for you and help you navigate the legal system with ease.