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Can Workers Compensation Cover Medical Bills Resulting From Workplace Violence?

21 July 2015

Tracy Roberts

Although you may associate workers comp insurance with injuries caused by slipping on an icy sidewalk or straining to lift heavy boxes, these benefits may also be available for employees who are physically injured by another through an act of workplace violence. Whether you're slapped by an out-of-control customer or assaulted by a coworker or superior, you may be able to receive workers comp until your injury has healed enough to allow you to return to work. Read on to learn more about workers compensation and the situations in which it might be available for you.

When is workers comp available for a workplace injury?

Workers comp is a type of insurance, paid by the employer, that helps cover extended absences or medical bills incurred after a workplace injury. Workers comp is generally available for any accident or illness that is triggered by work, unless the employee was clearly negligent in causing his or her own injury. In some cases, even an employee's negligence is not enough to prevent a workers comp claim.

Therefore, if you're injured in the workplace through the violent, uncontrollable actions of another individual -- whether an unruly customer, coworker, or even boss -- you should qualify for workers comp to help cover any medical bills, lost wages, or other costs associated with this incident until you're able to return to work. 

In addition, if your injury was due to your employer's neglect (such as not providing a barricade between you and the public, or by failing to discipline an individual who made threatening comments or other gestures), you may also be able to file a personal injury lawsuit against your employer to recover expenses and punitive damages.

How can you begin receiving workers comp?

Workers comp guidelines differ from state to state -- but all states have fairly strict time limitations on filing for workers comp, and if you miss these deadlines, your claim will likely be denied. You'll need to report your injury to your workplace (usually the HR or benefits department) immediately, or within a day or two of your injury, so that they can begin a claim on your behalf. You may be required to visit a physician within your workers compensation network to verify and document your injuries before your claim will be approved.

If you believe your employer is refusing to contact the insurance company or fill out the paperwork to begin a claim, you may be able to contact the insurance carrier yourself to start the process. 

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