Does Workers’ Compensation Cover Injuries If Assaulted at Work?

workers comp for workplace violenceWhen you become injured on the job, workers’ compensation benefits may help cover your medical treatment. But what happens if you were harmed as a result of an assault by a co-worker, client or vendor? Understanding what is covered by workers’ compensation insurance can be less clear.

Our Green Bay workers’ compensation attorneys are here to help by providing a free consultation. We are well-versed in Wisconsin’s workers’ compensation laws and how they may apply in your situation. 

What is Workplace Violence?

Workplace violence is any act or threat of violence that happens at work. This could include harassment and intimidation as well as threatening behavior or physical violence. Injuries due to these acts can range in severity, from minor scrapes or bruises to serious head injuries, puncture wounds or death.

Violent acts at a place of employment can be perpetrated by co-workers, customers, clients, vendors and visitors. Generally, the motivation for the attack must be work-related, and not personal.

Workers’ Compensation for Injuries From Workplace Violence

To be eligible for workers’ compensation, you must show that you were injured in an accident that arose out of and in the course of employment. The incident must be related to your job and carried out while performing your work duties.

Employees cannot sue their employers under Wisconsin’s Workers’ Compensation Act, but if you have been assaulted by someone else at work, you may be able to receive worker’s compensation benefits and also take legal action against the third party. If the injury caused a worker’s death, his or her surviving family members may be able to obtain compensation.

While there is no guarantee that you may be approved for benefits to cover injuries from workplace violence, employers do have a legal responsibility to maintain a safe workplace.

This could include taking preventative measures to avoid scheduling employees to work alone and late, quickly handling threats that arise, as well as training employees on de-escalation techniques.

Filing a Workers’ Compensation Claim in Wisconsin

If you were injured due to workplace violence, it is important that you seek medical attention as soon as possible. In non-emergency situations, be sure to notify your employer of your work injury prior to seeing a doctor, but if you need immediate care, seek treatment first and then notify your employer.

You should notify your employer of your injury within 30 days. Be sure to also follow-up with his or her workers’ compensation insurance provider to make sure that your employer filed a report of your injury. 

Reach Out to Our Legal Team for Help

If you have been the victim of assault at work, it is in your best interest to seek legal representation. An experienced workers’ compensation lawyer will be able to advocate for your rights and best interests.

Our legal team at Sigman Janssen is ready to review your situation and review your potential legal options in a free legal consultation. There is no risk in calling our firm and no obligation whatsoever to move forward. Our services are provided at no upfront cost to you. You only pay us if we help you obtain the benefits you need to recover from your injury. 

We are standing by to take your call. (877) 888-5201.