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Can you claim workers’ compensation for workplace violence?

On Behalf of | Nov 16, 2021 | Workers' Compensation

Workplaces are full of hazards that could cause you an accidental injury. If this happens, you can claim workers’ compensation benefits.

Yet, what about if the injury was not an accident? Can you still claim if someone injured you on purpose?

People can be a hazard in the workplaces

Your employer has to provide you with a safe working environment. Sometimes the most dangerous thing in a workplace is another person. It could be a colleague, customer, supplier or a member of the public you come into contact with as part of your job. Remember, not all jobs restrict you to one place. For example, if you are a delivery driver, your workplace is in the public sphere.

Workers’ compensation does not require you to prove fault, so if someone attacks you at work, you should be able to claim benefits for any injuries you suffer. You would not need to show that the employer should have done more to protect you. The claim would be based on the injuries you sustain.

An employer or their insurer might succeed in denying your claim in specific circumstances. For instance, if they could show that you attacked someone first or that the violence was nothing to do with work, it merely happened while you were at work. For instance, your spouse came into the office, picked up a stapler and broke your nose with it.

No workers’ compensation claim is ever guaranteed because insurers will look for ways not to pay or to minimize what they pay. You need to take a firm and informed stance to get the full amount of compensation due.