Any physical assault, harassment, act of intimidation, or other threatening behavior at a work site may constitute workplace violence under the Occupational Safety and Health Administration’s definition. Employers are legally obligated to implement and enforce workplace violence prevention programs and take reasonable steps to maintain a safe workplace.
Many workers who assault a fellow employee in the workplace will be fired. Some may face criminal charges of assault and battery. What are your options as the victim of a workplace assault in Kentucky? You may be eligible for paid medical care through workers’ compensation or have other legal options.
If you have been injured in a workplace assault in Kentucky, it is important for you to seek the guidance of a knowledgeable workers’ compensation attorney who understands your employer’s obligations. An experienced lawyer with Morgan, Collins, Yeast & Salyer will stand up for you and fight for full compensation for your medical bills, time lost from work, and other losses.
Seek legal advice as soon as possible after suffering a workplace assault. We have law offices in Lexington, Somerset, Manchester, London, Hazard, Paducah, Paintsville, Prestonsburg, and Princeton, Kentucky. If we can pursue a claim on your behalf, we will not charge for our legal services unless we recover compensation for you. Contact us now to set up a free consultation.
Immediate Steps to Take After a Workplace Assault
After being attacked and injured in the workplace, you should:
- Report the assault. Let your supervisor and your company’s human resources department or manager know what has happened. Report it verbally and follow up with a written report. State the date and time of the assault, the perpetrator’s identity or description, names of witnesses, and generally what happened. Describe your injuries in the written report.
If you were injured in the physical assault, you should report the incident to the police.
- Seek medical attention. Have a doctor examine and treat your injuries, even if they seem minor. In addition to obtaining the care you need, medical records will be important evidence if you have a legal claim. Be sure to tell the doctor how you were hurt – in an assault while on the job at your place of employment.
- Keep your employer informed. Keep your employer advised about your injuries and your recovery. After you have missed eight days of work because of injuries suffered in a workplace assault, advise your employer that you will be seeking workers’ compensation.
Your employer should help you through the workers’ compensation claim process. Workers’ compensation benefits include coverage of your medical expenses for work-related injuries and replacement of a portion of your lost wages. You should seek legal representation if your employer questions your right to file a workers’ comp claim. Contact a Kentucky workers’ compensation lawyer.
Can I File a Workers’ Compensation Claim?
The Kentucky workers’ compensation program provides benefits to employees who have suffered injuries that are connected to their job duties or working conditions. To obtain benefits for a workplace assault, the injury must have had a causal connection with the victim’s employment.
For example, a worker at a restaurant or bar who gets injured while trying to remove an intoxicated customer may qualify for workers’ compensation benefits. Law enforcement officers who are injured in a confrontation with a suspect while making an arrest may be eligible for workers’ compensation benefits since their injuries occurred in the line of duty.
On the other hand, if an assault occurs because of jealousy or personal animosity unrelated to the employer’s business, the injured employee may not be eligible for workers’ compensation. For example, if a co-worker’s jealous boyfriend or girlfriend comes to your workplace and assaults you, your employer may try to deny a workers’ compensation claim, saying the assault was unrelated to your job duties.
If an injury results from an employee’s involvement in horseplay or a willful violation of safety policy, the worker may not qualify for workers’ comp.
The quickest way to understand whether you have a worker’s comp claim in Kentucky is to contact Morgan, Collins, Yeast & Salyer. An attorney can review your injury and explain your legal options to seek compensation.
Once an eligible employee misses eight calendar days of work because of a work-related injury, he or she is entitled to benefits for each additional day they are unable to work. If the employee misses 15 days of work, they will be paid benefits for the first seven days.
Workers’ comp benefits include:
- Payment of 100% of related medical expenses, including counseling and rehab.
- Payment of a portion of lost wages (usually two-thirds of the claimant’s average weekly wage.
- The workers’ compensation also may include specific scheduled benefits for certain disabling injuries, such as loss of hearing, loss of eyesight, facial disfigurement, or loss of use of a limb or extremity such as a hand or foot.
Can I Sue My Employer or My Attacker?
Workers’ compensation is no-fault injury insurance. Eligible employees receive benefits even if they are at fault for their injuries.
Most employers in Kentucky are required to provide workers’ compensation coverage to protect their employees. In exchange for providing insurance coverage to protect workers, businesses are shielded from being sued by employees for work-related injuries.
Others on a worksite do not have this protection. For example, if several companies are working on the same construction site, and a worker for company A gets angry and attacks a worker at company B, the injured worker may have legal recourse. The injured worker who suffered a physical injury may have a right to file a civil lawsuit against the attacker and seek compensation for physical harm, psychological injuries, emotional distress, and other losses.
Any third party – other than you or your employer – whose negligence, recklessness, or misconduct contributed to your injury might be the target of a personal injury lawsuit seeking compensation for your losses. This could be:
- An employer of another business, a client, customer, vendor, or visitor who attacked you.
- A client, customer, vendor, or visitor who encouraged the individual who assaulted you.
- A security officer or company providing security that failed to stop an assault from occurring.
Anyone who is not your employer may be held accountable if their actions or inaction contributed to your violent injury or further harm. In some violent incidents involving serious injuries, the police may investigate, issue an incident report, and file criminal charges. There may be separate criminal and civil cases after physical violence.
You need to discuss your options with a knowledgeable personal injury attorney to determine whether you are eligible to claim worker’s compensation benefits and whether other legal action is appropriate.
Don’t Suffer in Silence. Seek the Justice You Deserve.
If you were injured on the job as a result of physical violence, you might be eligible for paid medical care and other benefits through your employer’s workers’ comp insurance. In some cases, you also may have a right to recover damages from any third party who participated in the assault or whose negligence allowed you to be physically assaulted.
The best way to deal with an assault at work is to seek legal help. Contact an experienced lawyer who specializes in workers’ compensation and personal injury cases. Our experienced Kentucky Courage workers’ compensation and personal injury lawyers are ready to stand up for you. Our law firm will demand every dollar of the compensation you are due. Contact us today for a free and confidential legal consultation.
