Is An Assault At Work Covered By Workers’ Compensation?
When you are injured at work, things are completely different from when you get injured anywhere else. When you get hurt on the job, you are entitled to something called workers' compensation.
That sounds good, right? For anyone who has to pay for their medical insurance, the thought that someone else will take care of the bills should make you feel like the pressure is off. The problem is that workers' compensation rules are very specific.
Due to lack of state funding and budgeting, many states have had to make serious cuts to workers' compensation programs. Not labeling them as “cuts,” the “reforms” made have been an attempt to keep costs low and to provide workers with necessary treatment.
There are times when you are injured while on the job and workers' compensation is not an option. In the case of assault, there may be instances when you aren’t covered if someone harms you, especially if it is someone who doesn’t work at the same place of employment or if you have a personal history with them.
If you are assaulted at work and want to claim workers' compensation benefits, then you have to meet certain criteria. First, you have to prove that the assault is somehow related to an employment relationship that you have with the person who assaulted you. That means that they can’t have a personal relationship with you, and if they do, the assault must be completely work-related.
If you are hurt due to some personal issue or relationship problem, then you most likely will not be allowed to claim workers' compensation, even if the injury happens while you are on the job. If you are assaulted by someone at work over personal reasons, it may be possible for you to file a common-law negligence suit against the co-worker who hurt you. If it was over a personal matter, though, the business is not going to be liable - even if it happened at work.
The recent ruling of Lesley Joseph v Monmouth County is an example of someone being assaulted at work and not eligible for workers' compensation benefits. The judge in the case ruled that since it was found that the assault had absolutely nothing to do with anything work-related and it was the result of a pyramid scheme outside of work, the employee could not collect workers' compensation damages. Since it was not found to have anything to do with his employment, workers' compensation did not apply.
Workers' compensation is a program that businesses are required to purchase in the event that they have someone who is injured on the job. To protect employees, it was established as a safety net to ensure that those injured at work are taken care of. The problem with workers' compensation is that it can often muddle things up. If you are under workers' compensation care for an injury, then your private medical insurance is not liable for your injuries. There are times when if you didn’t claim workers' compensation, your personal insurance might have covered more services and caused you less of a headache.
If you are assaulted at work, it is important to establish the facts of the case and to seek the top Workers Compensation Attorney in the city of Los Angeles. If it is not work-related, then you are going to have to figure out who is liable for your injuries. There may be a whole lot of complexity with insurers fighting each other to see who has to cover what. If it is work-related, then you have to file a workers' compensation claim. If it wasn’t, then you have to decide if you want to go to the lengths of suing the assailant for recovery of your medical expenses.
When you seek medical care, they will likely ask about the specifics of the accident. It is important for you to provide an honest account of events and not have inconsistencies in your story. Any inconsistencies could pose a lot of problems if you decide to sue or if workers' compensation decides that you aren’t eligible.
Whenever you are injured while at work, it is a good idea to contact an attorney. Also, make sure that you fill out the proper documentation according to company policy, and be consistent with your story. Sometimes getting hurt is more complicated than it needs to be.