When you have been injured on the job through a violent act (or otherwise), you may be entitled to financial compensation in various ways. An experienced Riverside workers’ compensation attorney at Heiting & Irwin can help determine your path forward.

Your injuries on the job may not have resulted from an accident or the conditions of your workplace. You may have been injured through an act of violence, whether it was perpetrated by a coworker or a third party. In that instance, you may be able to file either a personal injury lawsuit against the responsible party and a workers’ compensation claim to provide you with benefits. 

Learn more about whether and how you can pursue financial compensation by speaking with a Riverside workers’ compensation lawyer at Heiting & Irwin by calling us at (951) 682-6400. We can review your case and determine whether you should file a personal injury lawsuit or a workers’ compensation claim. 

How You May Be Compensated for Workplace Violence Injuries

Workplace violence is unfortunately on the increase throughout the United States. Roughly three in every 10,000 workers will be injured in the next year due to physical violence on the job. There are various sources for workplace violence, including bullying among supervisors and co-workers, disputes that get out of hand and result in physical threats, and violence from others, such as customers. Who has interviewed you, and the circumstances surrounding the violence, matter in both weather and how you can be compensated.

Personal Injury Lawsuits for Workplace Violence

In any case involving a work injury, your workers’ compensation attorney would first conduct a review of the facts to determine that your injury is covered by workers’ compensation and how to proceed to get you the best possible result.  This attorney will then also consider whether there is a third party (a party other than your employer) that may be responsible to pay for your damages, including pain and suffering. Greater compensation may be available if you file and win with the employer and the third party, so the attorney should always look to find a possible responsible party that is not the employer.

You may be able to file a personal injury lawsuit for workplace violence against the following individuals or entities:

• You can file a lawsuit against your attacker, although you do not always stand the best chance of receiving compensation because they may not have the assets to pay a judgment
• If you were injured in violence that occurred off premises, you could file a lawsuit against a property owner who failed to provide adequate security 
• You can even sue your employer if they intentionally sent you into a situation in which they knew (or should have known) that you would be hurt, or they consciously ignored known threats that were made against you without taking reasonable steps to address the situation. 
• You can also sue any third party or contractor who was working on site, who was directly responsible for the violence (if a third-party employee injured you during the course of their job duties, you can file a lawsuit against their employer)

Workers’ Compensation Claims for Workplace Violence

If your injury was job-related, you can file a workers’ compensation claim to receive medical care for your condition and replacement of part of your lost wages. You can expect the insurance company to pay very close attention to the actual facts of the dispute because there are several reasons why it may deny a workers’ compensation claim for a workplace violence injury.

First, the insurance company may review the facts and come to their conclusion that you were the aggressor. In that case, they would argue that you were the one who engaged in misconduct. As the alleged wrongdoer, you would, possibly, not be entitled to workers’ compensation benefits. Similarly, the insurance company may claim that you provoked the violent incident and do not deserve compensation.

Another reason why the insurance company may deny a workplace violence claim is that they may believe that the dispute was personal and not job-related. If two coworkers are engaged in a dispute, or you have been attacked by a customer, you can make the argument that the violence was related to your job. However, if you were engaged in a personal argument about something that was unrelated to work, or you are assaulted by someone who is not an employee or customer on the job, you may have to deal with a denied claim. 

Hiring a Riverside workers’ compensation attorney to help you with your claim is a wise decision. Workplace violence cases can be complex, and you should have someone assisting you before you file anything. If your claim has been denied, and even if admitted, there are many, many issues to validate this advice that you need a workers’ compensation lawyer to handle your case. 

Contact a Riverside Workers’ Compensation Law Firm Today

If you have been injured on the job, speak to a Riverside workers’ compensation attorney at Heiting & Irwin. You can schedule a free initial consultation to discuss your case by filling out an online contact form or by calling the firm today at (951) 682-6400.