Is an Assault by a Coworker Covered by Workers Comp in Virginia?

Posted by Amy FalconNov 08, 20240 Comments

What Is a Workplace Assault?

Unfortunately, workplace assault is a relatively common occurrence across the country. The National Safety Council reported that assaults in 2021-22 resulted in  41,270  days away from work (DAFW) cases. Assaults are defined as intentional injury inflicted by another person and include several types:

·      Intentional shooting by another person

·      Stabbing, cutting, slashing, or piercing

·      Hitting, kicking, beating, and shoving

·      Strangulation

·      Bombing and arson

·      Rape and sexual assault

·      Threats and verbal assault

 

The most common form of workplace assault is hitting, kicking, beating, and shoving, and it amounted to 93% of the assault cases in 2021-22.

If you have been assaulted by a coworker in Virginia, contact the experienced legal professionals at Ackerman & Falcon for an evaluation of your assault case.

 

Is a Workplace Assault by My Coworker Covered in Virginia?

 

The Virginia Workers' Compensation Act states that an employee can only receive compensation for injuries that arise from the nature of their work. Therefore, not every assault victim would be eligible in Virginia for a worker's compensation claim. A  recovery will depend both on the specific incident and the nature of your employment. The Act requires that the work injury arises from your employment. Therefore, In the case of an assault by a coworker, it will be essential to determine whether the assault was for a personal reason that just happened to occur at work or actually arose out of the nature of your employment.

 

How Do I Seek Compensation After a Workplace Assault?

 

The process for claiming worker's compensation in Virginia will generally follow these steps:

·      Notify the employer. You must give written notice to your employer within thirty (30) days of the assault and keep your own copy of the written notice.

·      File a claim. It is important to file your claim with the Virginia Workers' Compensation Commission as soon as possible and no later than two years from your injury. Your employer must respond within twenty (20) days of your filing as well as file an injury report.

·      Hire an experienced attorney. Meeting with an attorney before filing your claim is the best way to make sure you will receive all you are entitled to under the law.

 

The legal professionals at Ackerman & Falcon stand ready to evaluate your case and protect all your legal rights, so call us at 703-288-1400  or contact us online before you file your claim. We can help guide you through every step of the legal process for maximum recovery.