Compensation for Assaults at Work

cartwrightlaw - May 18, 2023 -

One of the main considerations of whether you can obtain compensation for a workplace assault is whether you have suffered a work-related injury. You can expect that the insurance company will delve into the facts of where and when the assault occurred when they decide whether to pay your claim. If the assault happened when you were on the job, it should not be treated differently from any other work injury. A work-related injury entitles you to benefits and potential third-party compensation. 

The time and location of the assault matter. If you were at your duty station at the time of the assault, it would likely be compensable. For example, if you are a retail worker, and an angry customer loses their temper and assaults you, it is likely that you would get benefits. The same thing goes if you are assaulted by a fellow worker on the job. 

When you have been assaulted at work in the Vacaville area, it can leave you with lasting personal and emotional effects, but a work injury attorney from The Cartwright Law Firm is ready to help you.

You Can Get Compensation for Work-Related Benefits

A work-related injury could be an accident, an illness, or anything that happens to harm you while you are on the job. In most cases, it does not matter how you were hurt on the job. If the injury was work-related, you would get benefits. Even though an assault was not an accident, there is no rule that says that your injuries have to come from a mishap. You can still file a claim for intentional actions that harm you, so long as the intentional actions are not your own. 

For example, if you were assaulted at a work event off the premises (and during off hours), the insurance company may deny your claim. There are many factual distinctions that can come into play. 

The Insurance Company Could Try to Deny Your Claim

There may be reasons why the insurance company may try to deny your claim. They may try to look at your conduct surrounding the assault. If the assault was unprovoked and it happened on the job, you may be entitled to benefits. The insurance company may try to blame you for provoking the attack.

Similarly, they may try to draw a distinction based on where the assault occurred. For example, if the assault happened in the parking lot when you were coming to or from work, the insurance company may try to argue that it was not work-related. 

What Your Workers’ Compensation Benefits Cover After an Assault

If you have been injured in an assault, you may be entitled to the following elements of compensation:

• Two-thirds of your average weekly wage before your injury, up to a statutory maximum (the average weekly worker wage in California)
• The reasonable medical costs to treat your injury

An assault could leave you with lasting physical and emotional scars. You could have PTSD from the assault or a permanent injury that causes you embarrassment. Unfortunately, you cannot receive non-economic damages in a workers’ compensation claim. You are limited to receiving only economic damages (and not even the full amount that you would have earned on the job).

Your benefits should continue to be paid until you are able to return to work. You may still be unable to work because of the emotional effects of your assault and you could still be able to receive compensation because the emotional distress would be a work-related injury. 

You may consider filing a lawsuit against a third party for the assault. Personal injury lawsuits usually lead to more compensation than workers’ compensation claims. You can receive your full lost wages and non-economic damages (such as pain and suffering) that you could not get from a workers’ compensation claim. However, there are limited circumstances in which you could file a personal injury lawsuit. 

You may be able to sue the assailant for an intentional assault, whether it was a co-worker or a third party. Normally, co-workers would not be liable civilly for their actions, but it is a different story if they have assaulted you. 

You May Be Able to File a Personal Injury Lawsuit

If you were injured in an assault that occurred off work premises, you could file a potential lawsuit against a third party for inadequate security. If they knew, or should have known, that there was an increased possibility of a criminal attack, they would have an obligation to take reasonable measures to keep you safe. But if that wasn’t the case, you could potentially file a lawsuit.

In addition, you could also file a civil lawsuit against an assailant, even when they have been criminally charged. However, you must also consider their ability to pay you damages if you win your case. You may be better off filing a workers’ compensation claim because you have a better chance of receiving guaranteed compensation. If the assailant does not have financial means, it may not make much sense to sue them. 

You always want your attorney to explore all the possible defendants who you can sue. If a company can be liable, you might receive much more money than you could in a workers’ compensation claim. However, you still cannot sue your own employer under practically every circumstance. 

Your personal injury lawyer would evaluate the facts of your case to help you determine the best course of action. They would evaluate all possible responsible parties in an effort to get you the most possible compensation. 

Contact a Vacaville Work Injury Attorney Today

The lawyers at The Cartwright Law Firm will work with you to help you get compensation for an assault injury at work. We can help with your workers’ compensation claim or file a lawsuit on your behalf if there is a responsible third party. Your first step is to contact us today for your free initial consultation. You can send us a message online or call us today at (415) 851-6486. You do not need to pay us anything unless you win your case.

One of the main considerations of whether you can obtain compensation for a workplace assault is whether you have suffered a work-related injury. You can expect that the insurance company will delve into the facts of where and when the assault occurred when they decide whether to pay your claim. If the assault happened when you were on the job, it should not be treated differently from any other work injury. A work-related injury entitles you to benefits and potential third-party compensation. 

The time and location of the assault matter. If you were at your duty station at the time of the assault, it would likely be compensable. For example, if you are a retail worker, and an angry customer loses their temper and assaults you, it is likely that you would get benefits. The same thing goes if you are assaulted by a fellow worker on the job. 

When you have been assaulted at work in the Vacaville area, it can leave you with lasting personal and emotional effects, but a work injury attorney from The Cartwright Law Firm is ready to help you.

You Can Get Compensation for Work-Related Benefits

A work-related injury could be an accident, an illness, or anything that happens to harm you while you are on the job. In most cases, it does not matter how you were hurt on the job. If the injury was work-related, you would get benefits. Even though an assault was not an accident, there is no rule that says that your injuries have to come from a mishap. You can still file a claim for intentional actions that harm you, so long as the intentional actions are not your own. 

For example, if you were assaulted at a work event off the premises (and during off hours), the insurance company may deny your claim. There are many factual distinctions that can come into play. 

The Insurance Company Could Try to Deny Your Claim

There may be reasons why the insurance company may try to deny your claim. They may try to look at your conduct surrounding the assault. If the assault was unprovoked and it happened on the job, you may be entitled to benefits. The insurance company may try to blame you for provoking the attack.

Similarly, they may try to draw a distinction based on where the assault occurred. For example, if the assault happened in the parking lot when you were coming to or from work, the insurance company may try to argue that it was not work-related. 

What Your Workers’ Compensation Benefits Cover After an Assault

If you have been injured in an assault, you may be entitled to the following elements of compensation:

• Two-thirds of your average weekly wage before your injury, up to a statutory maximum (the average weekly worker wage in California)
• The reasonable medical costs to treat your injury

An assault could leave you with lasting physical and emotional scars. You could have PTSD from the assault or a permanent injury that causes you embarrassment. Unfortunately, you cannot receive non-economic damages in a workers’ compensation claim. You are limited to receiving only economic damages (and not even the full amount that you would have earned on the job).

Your benefits should continue to be paid until you are able to return to work. You may still be unable to work because of the emotional effects of your assault and you could still be able to receive compensation because the emotional distress would be a work-related injury. 

You may consider filing a lawsuit against a third party for the assault. Personal injury lawsuits usually lead to more compensation than workers’ compensation claims. You can receive your full lost wages and non-economic damages (such as pain and suffering) that you could not get from a workers’ compensation claim. However, there are limited circumstances in which you could file a personal injury lawsuit. 

You may be able to sue the assailant for an intentional assault, whether it was a co-worker or a third party. Normally, co-workers would not be liable civilly for their actions, but it is a different story if they have assaulted you. 

You May Be Able to File a Personal Injury Lawsuit

If you were injured in an assault that occurred off work premises, you could file a potential lawsuit against a third party for inadequate security. If they knew, or should have known, that there was an increased possibility of a criminal attack, they would have an obligation to take reasonable measures to keep you safe. But if that wasn’t the case, you could potentially file a lawsuit.

In addition, you could also file a civil lawsuit against an assailant, even when they have been criminally charged. However, you must also consider their ability to pay you damages if you win your case. You may be better off filing a workers’ compensation claim because you have a better chance of receiving guaranteed compensation. If the assailant does not have financial means, it may not make much sense to sue them. 

You always want your attorney to explore all the possible defendants who you can sue. If a company can be liable, you might receive much more money than you could in a workers’ compensation claim. However, you still cannot sue your own employer under practically every circumstance. 

Your personal injury lawyer would evaluate the facts of your case to help you determine the best course of action. They would evaluate all possible responsible parties in an effort to get you the most possible compensation. 

Contact a Vacaville Work Injury Attorney Today

The lawyers at The Cartwright Law Firm will work with you to help you get compensation for an assault injury at work. We can help with your workers’ compensation claim or file a lawsuit on your behalf if there is a responsible third party. Your first step is to contact us today for your free initial consultation. You can send us a message online or call us today at (415) 851-6486. You do not need to pay us anything unless you win your case.

Our successful case results are a reflection of the values and virtues we believe in and uphold at Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.

Robert E. Cartwright Jr.
Founder and Managing Partner