Can I File For Workers’ Compensation After I Was Assaulted At Work?

Nobody goes to work in Sunrise and expects to get hurt on the job, although some types of injuries are more common than others. When most types of workplace injuries occur, the injuries are accidental or result from another party’s negligence. While it can be extremely frustrating to know that your injury could have been prevented if your employer or co-worker had been more careful while handling heavy machinery, or if your employer had provided training for preventing certain kinds of on-the-job injuries, you should know that you are likely eligible to seek workers’ compensation benefits. Yet workers are often unsure about their eligibility for workers’ compensation benefits when a workplace injury results from an assault or another intentional act.

Indeed, you might be wondering if you can file for workers’ compensation if you were assaulted at your workplace or worksite in South Florida. As our experienced South Florida workers’ compensation lawyers can explain, many acts of violence on the job can be compensable through Florida workers’ compensation law, including on-the-job assaults.

Common Ways Assaults Occur at Work

There are many different types of scenarios in which an employee can be injured on the job as a result of an assault or another intentional act of violence. In some circumstances, another person on the jobsite, such as an employer, a supervisor, or a coworker, may be responsible for the assault and causing injuries to the employer. In these circumstances, as long as the injury occurred within the scope of the worker’s employment and arose out of the course of employment, the injured worker may be eligible to seek compensation. In many circumstances, it is important to know that an employee injured in an assault also may be eligible to file a lawsuit.

If a third party causes injuries after an assault at the workplace, such as an irate customer or during a robbery of a convenience store, it may be possible for the injured employee to file a tort claim against that party in addition to seeking workers’ compensation benefits. There are also some situations in which an employer may be liable in a tort claim for an intentional act of violence, but it is important to seek advice from an attorney to ensure that you are seeking all compensation available to you.

Injury Must Have Occurred Within the Scope of Employment

In order to be eligible for workers’ compensation benefits for injuries resulting from an on-the-job assault, you must be able to show that you were performing job-related duties when the assault occurred. Florida law requires injuries to have arisen out of the course of employment, or to have occurred within the scope of employment.

An experienced Sunrise workers’ compensation lawyer can examine your case today and explain how you can meet this requirement in order to be eligible for compensation. It is important to keep in mind that Florida law bars workers from workers’ compensation benefits if they incite the violence.

Contact a Workers’ Compensation Attorney in Sunrise

 Do you need assistance seeking workers’ compensation benefits after a workplace assault? One of our experienced workers’ compensation attorneys in Sunrise can help. Contact the Law Offices of David M. Benenfeld, P.A. to learn more about filing a claim.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440ContentsIndex.html