Physically Assaulted at Work? You Might Qualify for Workers’ Comp

Find out how to protect your rights after a workplace injury due to violence

Being physically assaulted at work is an unfortunate reality for many employees across various industries in New York. If you've experienced an injury due to physical assault while on the job, you might be eligible for workers' compensation benefits.

However, assault-related claims can be challenging. Employers or insurance companies might argue that the incident wasn't work-related or that you were the aggressor. This is where the knowledge and experience of a skilled New York workers' compensation attorney at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP can make a significant difference in the outcome of your case.

What constitutes a workplace assault?

A workplace assault occurs when an employee experiences physical violence in connection with their work. This can include attacks by co-workers, customers, clients, or even strangers. Common types of workplace violence include:

Physical attacks (punching, kicking, pushing)
Assault with a weapon
Sexual assault
Robbery or theft involving force

While any workplace can be a site of violence, some industries face higher risks. These include:

Healthcare and social services: Healthcare and social service workers often face physical assaults and verbal abuse from patients, especially those with mental health issues or under the influence of drugs.
Retail and customer service: Retail and customer service employees risk confrontations with angry customers, potential robberies, or theft-related violence.
Law enforcement and security: Law enforcement officers and security personnel regularly encounter dangerous situations, including armed confrontations and physical altercations with suspects or unruly individuals.
Education: Educators may face violence from students, parents, or intruders, including physical attacks, threats, and potential active shooter scenarios.
Transportation: Transportation workers (particularly in public transit) can experience assaults from passengers, road rage incidents, or robberies while on the job.

Does workers' compensation cover workplace assaults?

Workers' compensation typically covers injuries resulting from workplace assaults, provided the assault occurred within the scope of employment. In New York, the law recognizes workplace violence as a significant occupational hazard and protects affected employees.

However, there are some exceptions and limitations:

If you initiated the fight or were the aggressor, you might not qualify for benefits.
If the assault was due to personal reasons unrelated to work, your claim might be denied.
Injuries sustained while commuting to or from work usually don't qualify unless you were performing a work-related task.

What should I do if I'm assaulted at work?

If you experience a physical assault at work, take these immediate steps:

Remove yourself from the dangerous situation if possible.
Even if your injuries seem minor, get a medical evaluation.
Inform your supervisor or HR department immediately. Follow your company's procedures for reporting workplace incidents.
In cases of serious assault, contact law enforcement and file a police report.
Write down what happened, including dates, times, locations, and witnesses.
Take photos of any visible injuries or property damage.
Contact an experienced New York workers' compensation attorney who can guide you through the claims process and protect your rights.

How do I file a workers' compensation claim for a workplace assault?

In New York, you must file a claim within two years of the incident. However, it's best to start the process as soon as possible. Here's what you need to do:

Notify your employer in writing within 30 days of the assault. Provide a detailed written account of the assault. That should include where, when, and how it happened, as well as the names of any witnesses. Then, keep a copy of this notification for your records.
File an Employee Claim (Form C-3) with the New York State Workers' Compensation Board. Make sure this form is filled out completely and accurately, as any errors can result in a delay of benefits.
When seeking medical attention, inform your doctor that your injury happened at work.
Provide all relevant documentation, including medical records, incident reports, and witness statements.

What benefits can I receive from New York workers’ compensation?

If your claim is approved, you may be eligible for several types of benefits, including:

Coverage for all necessary medical care related to your work injury.
If you miss more than seven days of work, you can receive a portion of your lost wages.
For long-term or permanent injuries, you may qualify for ongoing disability payments.
If you can't return to your previous job, you might receive assistance finding new employment or training for a different role.

Understanding third-party claims in workplace assault cases

In addition to workers' compensation, you may also have the option to pursue a third-party claim if someone other than your employer was responsible for your assault. Depending on the circumstances, you might be able to pursue a workers' compensation claim, a third-party claim, or both. A third-party claim can be filed against individuals or entities such as:

The assailant if they were not a co-worker.
A property owner or manager if the assault occurred due to inadequate security measures.
Vendors or contractors.
Clients, customers, or patients.
Random strangers in your workplace.

Third-party claims can provide additional compensation for pain and suffering, emotional distress, and other damages not covered by workers' compensation. That’s why it's so important to consult with an experienced attorney to explore all potential avenues for compensation.

How can employers prevent workplace violence?

Employers play a critical role in preventing workplace violence. They should:

Develop and implement a comprehensive workplace violence prevention program.
Conduct regular risk assessments to identify potential hazards.
Provide employee training on recognizing and reporting potential threats.
Install security measures such as surveillance cameras, alarm systems, or security personnel where appropriate.
Establish clear procedures for reporting and responding to incidents of violence or threats.
Foster a workplace culture that promotes respect, communication, and conflict resolution.

How can I protect myself from being assaulted at work?

While employers bear the primary responsibility for workplace safety, employees can also take steps to protect themselves:

Stay alert to your surroundings and trust your instincts if a situation feels unsafe.
Learn and follow your workplace's safety protocols and emergency procedures.
Report any suspicious or threatening behavior to your supervisor or HR department.
Avoid working alone late at night or in isolated areas if possible.
If you work in a high-risk industry, consider taking self-defense or de-escalation training.

Our work injury attorneys can guide you down the right path

Experiencing an injury after a physical assault at work can be traumatic and disorienting, but understanding your rights and the steps to take afterward can help protect your health, job, and financial stability.

If you've been assaulted at work, don’t hesitate to seek legal help from the experienced New York workers' compensation and work injury attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP. We've been protecting the rights of injured workers for over 90 years. Our legal team understands the New York labor laws and the workers' compensation system.

We'll help you through every step, from filing your claim and choosing a doctor to appealing denied claims if necessary. Contact us today for a free, confidential consultation. Let us work for you so you can focus on your recovery.

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