Can I Get Workers Comp In NY For Being Assualted (Beat-Up) At Work?

Getting hurt at work because someone beat you up is both scary and confusing. It can be hard to know what to do next. I understand this issue well, since I’ve studied New York laws and found that over 2 million workplace injuries happen in the U.S. every year.

In this post, I will explain if workers’ compensation can help after an assault at work and share clear steps you can take next. Keep reading to learn about your rights and how to protect yourself moving forward.

Does Workers’ Compensation Cover Workplace Assaults in New York?

Workers’ compensation in New York usually covers injuries from workplace assaults. I can file a claim if the assault happened while I was doing my job duties. Any worker hurt by violence at work, even if beaten up or attacked by a coworker or customer, may qualify for benefits.

New York law protects me when the assault is linked to my employment. The New York State Workers’ Compensation Board states,.

“If you are injured because of violence connected to your job, you may be eligible for workers’ compensation benefits.”

This means insurance will help cover medical bills and lost wages from such injuries. Not every fight at work counts—my actions before and during the incident matter in deciding if I get compensation.

When Does Workplace Violence Qualify for Workers’ Compensation?

In New York, some assaults at work do fall under workers’ compensation. To get these benefits, the assault must happen while I am doing my job or something linked to my work. For example, if a customer hits me during my shift or a coworker attacks me over how we do our jobs, this usually counts as a workplace injury.

If someone hurts me because of personal reasons that have nothing to do with work, I likely cannot file for compensation through my employer’s insurance.

Insurance companies and employers will look at the facts before they pay any benefits. They check if the violence happened “in the course of employment.” Arguments about job tasks often qualify.

Attacks by people who are upset about their own life outside of work often do not count for workers’ comp payments. Each case depends on details like location, time, who was involved, and why it happened.

New York law protects employees from many types of workplace injuries caused by violence tied to their employment duties.

What Should You Do If You’re Assaulted at Work?

Knowing when workplace violence qualifies for workers’ compensation sets the stage. Next, let’s focus on what steps I need to take if I’m assaulted at work.

1. Seek medical help right away. My health is important, and a doctor can document the injuries and prescribe the drugs and medicine you need.
2. Report the incident to my supervisor or employer immediately. It ensures they are aware of what happened.
3. Get names and contact information of anyone who saw the assault. Witnesses can help support my claim.
4. Take photos of my injuries and where the assault happened. These can be crucial evidence for my claim.
5. Write down everything about the assault as soon as possible. This includes date, time, location, and details about how it occurred.
6. File a police report if necessary. It adds an official record to support my case.
7. Contact a workers’ compensation lawyer if I have questions or need help filing my claim. They know how New York laws work and can guide me through the process.

Taking these steps helps protect my legal rights and improves my chances of getting compensation for workplace assault injuries in New York.

How to File a Workers’ Compensation Claim for Workplace Assault

Filing a workers’ compensation claim for workplace assault is essential after an attack. I want to make sure I follow the right steps to get help.

1. Report the incident to my employer as soon as possible. It’s crucial to inform them about the assault right away.
2. Document everything related to the assault. I need to write down what happened, where it occurred, and who was involved. Taking pictures of injuries can also help.
3. Seek medical attention for any injuries sustained during the assault. A doctor must examine me, even if I feel alright.
4. Gather all necessary paperwork for my claim. This includes medical records, police reports, and any witness statements.
5. Fill out the official workers’ compensation C-3 claim form accurately. I should provide detailed information about the incident, my injuries, and employment details.
6. Submit my claim to the workers’ compensation board in New York State on time. I must be aware of deadlines so that my claim does not get denied.
7. Keep a copy of everything I submit along with proof of submission for my records. This can be useful if there are any issues later on.
8. Follow up on my claim regularly to check its status. Staying informed will help me know if more information is needed or if there are delays.
9. Consult with a legal expert if I face problems during this process or have questions about my rights and benefits available from workers’ compensation.

Next, let’s explore what benefits I can receive through workers’ compensation after filing that claim.

What Benefits Can You Receive Through Workers’ Compensation?

Workers’ compensation helps me if I get hurt at work. This includes injuries from assaults. Medical bills get paid under this insurance. It covers doctor visits, therapy, and hospital stays.

I may also receive money for lost wages. This is important if I can’t work due to my injury. Sometimes, workers’ comp gives me benefits for disability too. These benefits support me while I heal and adjust to any changes in life after an assault at work.

Let’s Wrap Things Up The Right Way

Getting workers’ comp in New York for being assaulted at work is possible. If a coworker or someone else causes harm, it may count as a workplace injury. I must report the attack and seek medical help right away.

Filing a claim can lead to benefits that cover my injuries and lost wages. Protecting my rights is key after such an event.