Most employees associate workplace injuries with performing job tasks, but some (healthcare workers, late-night retail staff, etc.) are at risk of assault. Unfortunately, acts of violence in the workplace leave thousands injured every year.
The aftermath of an assault may leave you with severe physical injuries that keep you from working and could compromise your psychological health. Compensation can go a long way in reducing your injury-related hardships, but what are your options?
This is a question that many employees injured outside the traditional scope of their job duties ask.
You can file a workers’ compensation claim
The California workers’ compensation system provides many benefits to workers injured or sickened on the clock, regardless of the cause. These benefits cover your necessary treatment, including for psychiatric trauma, and replace a portion of any wages you lost.
Generally, employees are eligible for workers’ comp if the attack happened while they were clocked in and performing work duties. Exceptions may exist for provoking the assault or being under the influence of alcohol or drugs.
You may be eligible for a third-party claim
Say you work in a coffee shop, and a stranger comes in and immediately assaults you, causing head and abdomen injuries. It could be a case of mistaken identity or a drunken urge to brawl but is not work-related aside from it being where the attack occurred.
You can still seek workers’ compensation for your injuries, but you may also be able to file a personal injury lawsuit or claim targeting your attacker. If successful, such a claim could yield substantial compensation (on top of workers’ comp benefits) for use in your recovery.
The steps taken after any occupational injury can affect your financial situation, not to mention your physical well-being. Legal guidance can be an effective means of ensuring your injury-related decisions serve your best interests.