You may wonder whether workplace violence is covered by workers’ compensation. Regardless of fault, New York law makes workers’ compensation benefits available when an injury arises during employment. Your right to benefits is the same whether you were assaulted by a co-worker, customer, vendor, or supervisor. In some cases, you may also be entitled to recover additional compensation through a lawsuit against your employer or a third party.
When Does Workplace Violence Qualify for Workers' Compensation?
To qualify for workers’ compensation, your injury must occur while you are engaged in job-related duties, whether you perform those duties on-site or off-site. Job-related duties may include interactions with clients, customers, co-workers, and supervisors. For example, you could potentially be eligible for benefits if you are injured in the following scenarios:
- A nurse assaulted by a patient.
- An assault by another co-worker.
- An assault during a workplace robbery.
- Sexual assault by a co-worker, supervisor, customer, or client.
- An assault at an event your employer required you to attend, compensated you for attending, or sponsored.
What Types of Workplace Assaults Do Not Qualify For Workers' Compensation?
You generally cannot receive workers’ compensation for assaults outside the “scope of employment,” even if the assault occurs at your workplace. For example, you may not qualify for benefits in the following circumstances:
- A dispute unrelated to work between you and another employee.
- A dispute with a romantic partner who shows up at your workplace.
- After-hour incidents when you are not on duty, such as during non-mandatory and/or uncompensated informal gatherings.
New York law also does not guarantee workers’ compensation for self-inflicted injuries or those caused by your intoxication. Our legal team can evaluate the specific circumstances of your case to determine whether you qualify for workers’ compensation.
Can I Sue My Employer If I Was Assaulted at Work?
Workers’ compensation is normally the exclusive remedy for workplace injuries. It compensates injured employees for things like medical care and lost wages while they cannot work. The system is designed to be a faster alternative to proving fault in a lawsuit. It also shields employers from liability for workplace accidents when they provide mandatory workers’ comp coverage.
However, there are limited circumstances in which you may be able to sue your employer in New York for workplace assault, including:
- Incidents arising from workplace discrimination or harassment.
- Sexual assault by a supervisor or co-worker when the employer knew about the risk (e.g., through a previous incident) but failed to protect you.
- Employer failure to carry the required workers’ compensation coverage.
If someone other than a co-worker assaulted you (e.g., a contractor or vendor), you may also be able to file a third-party lawsuit against the individual or their company. In addition to pursuing financial compensation through a civil lawsuit, you can press criminal charges.
Important Time Limits To Know if You’ve Been Assaulted at Work
To qualify for no-fault workers’ compensation, you must notify your employer of the underlying incident within 30 days. You should notify your supervisor immediately, preferably in writing. You must also file an Employee Claim (C-3) Form with the Board of Workers’ Compensation within two years.
Do not wait. Early reporting can help preserve evidence to support your claim, such as video footage and witness statements. You will also need a medical exam to prove your injuries, but it can be difficult to fully document them if you wait too long.
You normally have three years to file a personal injury lawsuit in New York. Unlike workers’ compensation claims, you must prove fault to recover compensation through a lawsuit. This requires strong evidence, making it all the more important to investigate your claim as soon as possible. Your workers’ compensation report can double as evidence in a lawsuit.
Injured Due to Workplace Violence? Contact Our NYC Workers’ Compensation Lawyers for Assistance
If you were injured in a workplace assault, reach out to our experienced NYC workers’ compensation lawyers as soon as possible. We are one of the few law firms in New York that handle both personal injury lawsuits and workers’ compensation claims in-house, allowing you to pursue all of your claims without having to deal with multiple law firms.
As New Yorkers representing New Yorkers, we are dedicated to providing every client with a personalized experience and maximized results. We have recovered over $500 million in compensation and strive to redefine the level of service you would expect from a law firm.
Our firm has offices in all five boroughs and Long Island. We are a diverse, inclusive law firm with attorneys fluent in Spanish and Russian. We charge no upfront fees, and you only pay if we win. Contact us online or call (212) 221-1000 to schedule a free, no-obligation case review.
