Some workplaces are safer than others, and Workers’ Comp is supposed to cover any work-related injuries. When those injuries happen by accident, employers are often understanding, but when they are caused by violence, insurance carriers might put up a fight against coverage.
Workplace violence is supposed to be covered under Workers’ Comp, but insurance carriers often try to deny coverage when intentional acts are involved. This is often improper and should be overturned. In any case, you should always work with a lawyer when presenting your claim so we can help present evidence and get your claim accepted.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers for help today at (267) 651-7945.
Does Workers’ Comp Cover Injuries from Workplace Violence in Pennsylvania?
The short answer is yes: if you are assaulted while working, Workers’ Comp is supposed to cover that. The law is clear that any work-related injuries should be covered, but you have to show your injuries were indeed work-related.
Work-Related Requirement
Injuries are only covered if they are work-related or happen because of some dangerous work condition. With workplace violence, we are looking exclusively at the first category, since a person is the cause, not the dangerous conditions.
Proof Needed
This means you need to show that you were working or doing work tasks when you were assaulted. This could be anything from standing behind the counter at check-out to patrolling as a security guard to helping a customer/client/patient.
As long as you were doing work-related tasks when you were assaulted, you should be covered.
When Workplace Violence Isn’t Covered
Although workplace violence is supposed to be covered in most cases, there are legitimate grounds your employer can use to reject your case. However, their arguments about these exceptions might be wrong or misleading, which is why you should always have a Pennsylvania Workers’ Comp lawyer on your side to set things right.
Intentional or Illegal Acts
If your injury is caused by your own intentional acts or illegal acts, then it should not be covered under Workers’ Comp. This does not stop coverage for other people’s intentional or illegal acts, but insurance carriers might try to say that it does to deter you from filing.
That means that if you intentionally hurt yourself, coverage would stop, but if someone else intentionally attacked or illegally assaulted you, coverage is still possible.
Horseplay
If you were participating in horseplay at work when your injuries happened, the employer might try to argue you were not performing work tasks. If this argument is accepted, your injury would have been outside the scope of work and not covered as “work-related.”
However, if you were the victim of bullying, horseplay, “pranks,” or harassment, that should still be covered. For example, if a coworker nudges your ladder to get a rise out of you, but you were just trying to do your job, the injuries you suffered in the fall should be covered.
Injuries Before/After Work
Unfortunately, assault and intentional injuries that happen before or after work hours might not be covered. If you were no longer performing work tasks at the time of the injury, your employer has no requirement to cover you.
This could mean that if someone was waiting until you got off your shift to assault you, your employer would likely reject coverage. However, other injury claims may still be allowed.
FAQs for Workplace Violence Coverage Under Workers’ Comp in Pennsylvania
Is Sexual Assault Covered Under Workers’ Comp?
All kinds of workplace violence and assault are supposed to be covered under Workers’ Comp, including sexual violence.
Can You Sue for Workplace Violence?
There is a common misconception that Workers’ Comp blocks lawsuits for work-related injuries, but this is only true with regard to lawsuits by employees against employers for work-related injuries. You can sue in these workplace violence situations:
- Lawsuits are allowed against third parties, e.g., the customer or other person who assaulted you. However, whether they can afford damages is an important question.
- You can potentially sue your employer for negligent security for assaults after work, e.g., if you are assaulted while leaving because of dark, unsafe conditions in the employee parking lot.
- If you work at another site, property owners there can also be sued for negligent security that leads to assault.
- You can sue an employer that intentionally injures you, e.g., if your boss assaults you.
If you are eligible for a lawsuit and Workers’ Comp, you can file both claims. Lawsuits often pay additional damages that are not covered under Workers’ Comp, e.g., pain and suffering.
Do I Need to Report Workplace Violence to the Police?
You should always report crimes to the police, meaning that if you were assaulted, you should call 911. This creates records of the assault, and the responding police officers can be asked to give statements or depositions about what they witnessed.
Especially if the injuries are severe and you need immediate medical treatment, the police likely will respond when you call 911 for an ambulance, so the assault will be reported anyway.
Do There Need to Be Criminal Charges for Me to Get Workers’ Comp?
Workers’ Comp is completely separate from any civil or criminal cases that might be filed. You can get Workers’ Comp so long as the injuries were work-related; there do not need to be charges or a conviction for that to happen.
However, having a record of the assailant’s conviction can help with your claim and any potential lawsuits you might have.
Can I Sue My Employer for Harassment, Bullying, or Unsafe Work Environments?
While you typically bring your injury case as a Workers’ Comp claim, you can still bring other employment law claims against an employer for workplace violence, harassment, bullying, hostile work environment, etc.
A Workers’ Comp claim is separate from any of those claims, and you should consult an employment lawyer about those possible claims.
Call Our Workers’ Compensation Lawyers in Pennsylvania Today
For a free case review on your injury case for workplace violence, call Cardamone Law’s Philadelphia Workers’ Comp lawyers at (267) 651-7945.
