If I am Physically Assaulted at Work, Can I File Workers’ Comp?

When you think about the accidents you could sustain in your workplace, you may assume this is limited to slips and falls, injuries from defective equipment, or even soft tissue injuries if your responsibilities include lifting heavy objects. However, the last thing you may expect to cause your injuries is a physical attack at your place of work. Unfortunately, these instances are growing more common, which is why it’s critical to understand your rights if this represents your circumstances. The following blog explores what you should know about seeking compensation if you have been physically assaulted at work, as well as the importance of discussing your legal options with a Florida workers’ compensation attorney to help you fight for justice.

What Should I Know About Acts of Violence in the Workplace?

Unfortunately, acts of physical violence against employees are seemingly on the rise. As such, it’s important to understand what employees are most at risk, as well as the different types of assault you may face. Physical attacks, meaning physical blows, sexual assault, and robberies involving weapons or force, can occur in several different workplaces and may amount to considerable injuries.

Generally, those working in the service industry and customer-facing roles are more likely to experience violence as a result of the fact that their job requires more encounters with others. As such, the following employees are at a higher risk:

• Teachers: Unfortunately, educators and administrators are likely to endure assaults as a result of unruly students, angry parents, and, unfortunately, the increased potential of an active shooter situation.
• Healthcare workers: Nurses, doctors, and other hospital staff may be assaulted by patients, especially those suffering from mental issues.
• Retail workers: While manning a cash register or stocking shelves may not seem like it would put someone at risk, unfortunately, those in these positions may be faced with enraged customers or even those committing a robbery.

Can I Seek Compensation After Being Physically Assaulted at My Workplace?

If you are physically assaulted at your place of work, it’s imperative to understand your rights. In general, you’ll find that you are eligible to recover compensation for the injuries you endured as a result of a physical assault at your workplace in Florida. However, you should note that there are some exceptions.

First and foremost, if you are proven to be the initial aggressor of the altercation, you will generally be ineligible for workers’ comp. While this is a no-fault system, the law does prevent those engaged in illegal activity from recovering compensation, which, in this case, is the assault. Additionally, if the fight is related to personal issues and has nothing to do with your job or responsibilities, your claim may be denied.

Being the victim of a physical assault at your place of work can be incredibly traumatizing, as you may not only be left with physical injuries, but emotional ones as well. That is why it’s in your best interest to connect with an experienced workers’ compensation attorney with the Law Firm of Kevin A. Moore. Our team will examine your circumstances to help you fight for the best possible outcome for your situation. Contact us today to learn more.