May 17, 2021
How to Seek Workers’ Compensation After an Injury due to Criminal Activity
You expect to be someplace relatively safe when you are at work. In other words, you probably don’t expect that something “bad” will happen while you are simply doing the job you do every day. Unfortunately, workplace danger in the form of criminal activity is a real possibility in many settings.
There are hundreds of violent assaults that occur in the workplace every day. In fact, data from the Occupational Safety and Health Administration (OHSA) reveals that, of the 5,147 fatal workplace injuries that occurred in the U.S. in 2017, 458 were cases of intentional injury by another person.
If you were a victim of workplace violence due to criminal activity, you should understand what rights you have and your options for pursuing compensation related to medical expenses, lost wages, pain and suffering, and emotional trauma.
Workplace Violence in the U.S.
The National Institute for Occupational Safety and Health (NIOSH) tracks four different categories of workplace violence:
- Criminal Intent. This occurs during a planned crime, such as robbery or trespassing. The attacker is usually not connected to the business.
- Customer or Client. This commonly occurs in healthcare settings, such as emergency care or psychiatric hospitals.
- Worker-on-Worker. This type of workplace violence occurs between co-workers and can begin with bullying or harassment.
- Personal Relationships. Offenders are typically a spouse or significant other who is not employed at the workplace. This category almost always targets women.
According to the agency, risk factors that increase the risk of workplace violence include:
- Contact with the public
- Exchange of money
- A mobile workplace, such as a police officer or taxi cab driver
- Working alone in small numbers
- Working late at night or early in the morning
- Working in high-crime areas
- Guarding valuable property or possessions
Types of Workers’ Comp Benefits Available
In order to pursue compensation for an assault or other form of criminal activity that caused your injuries, you must have been injured within “the scope of your employment.” In other words, it must be shown that you were attacked while you were at work.
If physical or emotional injuries diminish or end your capacity to perform the job you did prior to the attack, you should be entitled to workers’ compensation benefits. Injuries that are commonly associated with workplace violence-related workers’ comp claims range from scrapes and bruises to broken bones, serious head and facial injuries, dental fractures, or even death.
Remember, while you may love your employer, the insurance company will only see opportunities where they can save money and try to deny your workers’ compensation claim. However, you don’t have to take no for an answer. Ensure you have a workers’ compensation attorney on your side who will fight for your maximum benefits.
Our Team Will Fight for You
One of our most recent settlements involved a woman who was assaulted and robbed at gunpoint while on the job and was hit in the face with the gun. She experienced significant facial and mouth injuries, as well as lasting post-traumatic stress disorder (PTSD) symptoms. The team at Hansford McDaniel LLC was able to secure a $112,500 settlement on her behalf for the physical and mental trauma she experienced.
If you’ve experienced an assault or another traumatizing ordeal related to criminal activity, you may be entitled to file a workers’ compensation claim in order to receive benefits for what you have been through. Our Atlanta workers’ compensation attorneys are committed to helping you recover the right way while giving your case the individual attention that you deserve.
Contact our team at (770) 741-2825 to get started with your free, confidential case evaluation.