Most people associate workers' compensation with accidental injuries, not workplace violence. But what if a coworker assaults you? In Virginia, you may be entitled to workers' compensation benefits, depending on the circumstances surrounding the assault. Understanding early on if you're eligible to file for workers' compensation means you don't miss your window to file and take all the right steps to ensure you're filing a claim that maximizes your chance of success.
When Workers' Compensation covers a Workplace Assault
In Virginia, an injury is covered under workers' compensation if it arises "out of and in the course of employment." This means the assault must be directly related to your job duties or work environment. For example, if a coworker attacks you during a dispute about work tasks or while performing your job, your injury could qualify for workers' compensation.
When a Workplace Assault Is Not Covered
If the assault was purely personal, your injury likely won't be covered. For example, if you and a coworker get into a disagreement about politics or a shared acquaintance, whether at work or outside, that results in violence, it won't be covered.
The key question is whether the altercation stemmed from a work-related situation. The line between personal and professional issues can be blurry. That's why Virginia's Workers' Compensation Commission carefully reviews each case to determine whether the injury truly arose out of an employment-related issue.
Steps to Take After an Assault at Work
If a coworker has assaulted you, report it immediately to your supervisor or HR department and seek medical attention right away. Make sure the incident is thoroughly documented in writing and include any available witnesses or evidence. Then, file your workers' compensation claim as soon as possible. A qualified attorney can help you handle this sensitive claim properly.
Get Help Understanding Your Rights After a Workplace Assault
Assault cases involving coworkers can be complex under Virginia's workers' compensation laws. The attorneys at Ackerman & Falcon can help you determine whether your assault qualifies for benefits and ensure your rights are fully protected. Call 703-288-1400 or contact online to schedule a free consultation.
