How to File a Workers’ Comp Claim for Workplace Violence

Attorney Blog

Although the majority of injuries that occur in the workplace are the result of accidents, some work-related injuries can be caused by a coworker or customer. The Occupational Safety & Health Administration reports that close to 2 million employees experience workplace violence every year. In this blog, we explain how to get workers’ compensation benefits if you have been assaulted at work.

Proving Your Claim

In order to obtain workers’ comp benefits for your assault injuries, you will need to prove that you were attacked while you were at work or performing a job-related task. In some states, you have to establish that the motivation for the assault was tied to your job. For example, if a clerk is assaulted by her boyfriend at work because they broke up, it can be argued that the attack was the result of a personal disagreement and is not a work-related dispute.

However, if a customer attacks the same clerk because the store doesn’t carry a particular item, then it can be argued that the employee’s work duties directly contributed to the attack, thus making the assault work-related.

Determining Fault

When it comes to workers’ compensation, most work injuries qualify for benefits, regardless of whether you are at fault. Because workers’ compensation is a “no-fault” system, you are not required to prove that your employer is at fault to qualify for benefits. However, if you are found to be the physical aggressor who caused the altercation, you will not be eligible for workers’ compensation for your injuries.

How Do I Apply for Workers’ Compensation?

If you have sustained injuries due to an assault at work, you should immediately seek medical treatment. Make sure you have the doctor document all of your injuries, symptoms, and medical expenses.

After you have been treated by a medical professional, you need to let your employer know about the assault and the injuries you suffered. Because the statutes of limitations for reporting your injury vary from state to state, you need notify your employer as soon as possible. Your employer will give you the forms you need to file a claim for workers’ compensation.

Speak to a Worker’ Comp Attorney

If you have been assaulted while you were at work, you should immediately consult with our legal team to discuss your options under the law. We can review the details of your case and build a strong legal strategy that will protect your rights and interests. Let us help you obtain maximum compensation today.

Call (630) 585-2320 to request a free consultation with a workers’ compensation lawyer in Chicago.


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