No worker expects to get assaulted on the job; however, a lot of employees sustain injuries or get killed because of workplace violence. Violence happens in different forms like an employee hurt in a crime, being attacked, or being sexually assaulted at work. If you are in this situation, you might be wondering if you can pursue a workers’ comp claim. In Newport News, injuries that resulted from workplace injuries are covered under workers’ compensation. You should hire a skilled Newport News work injury attorney to help you get the compensation you need after suffering an injury because of workplace violence.
When an Injury Related to a Workplace Violence is Compensable
Some workplace assault injuries do not make you qualified for workers’ comp benefits. For your injury to be compensable, you must prove the injury occurred because of your job or the nature of your work. For instance, if you are a store clerk or delivery driver, you could be at risk of getting attacked when a robbery takes place. Nurses who attend to violent patients may be physically harmed because of their work. If you claim workers’ compensation following an assault, you must demonstrate that your job puts you at risk of this violence and thus you sustain a compensable injury.
But proving that an injury arose due to your employment can be challenging. A reliable lawyer can help you establish your injury eligibility.
Steps to Take When Seeking Compensation Following an Assault on the Job
First, you must give your employer a written notice about the assault and your injury within thirty days of the incident. You should file a claim with the state’s workers’ comp commission within 2 years of the injury. Also, your employer should file an injury report with the workers’ comp commission and respond to your claim within twenty days of your filing. Should the commission approve your claim, they will give you an Award Agreement that must be signed by you and your employer. This agreement must be filed with the commission again, so it can be turned into an official Award Order.
Moreover, you might also be wondering if you can file a lawsuit against your employer after being assaulted at work. Often, getting workers’ comp means you can’t sue your employer for your assault-related injury. But if you survive a workplace sexual assault, you may claim workers’ comp and sue the assailant. To make the most out of your workers’ comp claim, speak with an attorney who specializes in it.
