Can I Recover Workers' Comp for Workplace Violence?

No matter how banal a work environment may seem, there is always the potential for violence whenever disgruntled or mentally unwell people are involved. You may have heard of resentful employees returning to the workplace and opening fire on his coworkers or two employees in a company getting into a violent altercation. If something like this happens on the job, are any injuries that result covered by workers’ compensation?

There is no federal law preventing workplace violence specifically, but the Occupational Safety and Health Act (OSH Act) requires employers to provide a work environment that is as safe and hazard-free as possible. The general duty to prevent dangerous working conditions is interpreted to include potential threats of violence. The Occupational Safety and Health Administration (OSHA) has the authority to issue fines when employers fail to do this, but it doesn’t give employees the right to sue their employers for injuries sustained by workplace violence.

However, workers can go to workers’ compensation to cover benefits for medical care and time off to recover from the events. Workers’ comp will cover your medical bills, rehabilitation costs, and part of your wages while you are recuperating, but it also doesn’t coverage for include pain and suffering. If you’re suffering from PTSD as a result of the attack, you may have to file a civil lawsuit against your employer.

Talk to our Santa Ana workman's comp attorneys about your experience in a free case consultation. Ufkes & Bright has more than 50 years of legal experience helping employees get compensation for injuries sustained on the job. Our firm is proud to provide hands-on and dedicated service to each of our clients. Let us see what we can do for you.

Contact us at (714) 909-2609 or fill out our online form to schedule your free case consultation today.

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