Can I Obtain Workers’ Compensation for an Injury Caused by Workplace Violence?

Injuries in the workplace can occur in various ways. Employees who suffer a work-related injury in Vermont can file a workers’ compensation claim and seek compensation. However, after suffering an injury due to workplace violence, you may wonder if you can obtain workers’ compensation. So, can you obtain workers’ compensation for an injury caused by workplace violence? Whether you can recover workers’ compensation benefits for an injury caused by workplace violence largely depends on the circumstances surrounding the incident. Read on to learn more.

Workplace Violence and Workers’ Compensation Eligibility

Workplace violence is a serious concern across many workplaces in the United States. Workplace violence, which includes any act or threat of physical violence, intimidation, harassment, or other threatening disruptive behavior, can significantly affect the well-being of employees. Workplace violence can lead to serious bodily injuries and psychological trauma.

In some cases, an injury caused by workplace violence is eligible for workers’ compensation. For an injury from workplace violence to be covered under workers’ compensation, it must have arisen out of the employee’s work duties or in connection with employment conditions. The resulting injury is typically covered if the incident relates to the employee’s job responsibilities, such as an employee assaulted by a customer or client. Law enforcement officers, healthcare workers, and retail workers are often at a higher risk of violence from customers or clients.

Incidents that happen on the employer’s premises during work hours are more likely to be covered under workers’ compensation, though context is important. For instance, if an incident happens during a lunch break away from the work site, the resulting injury may not be covered unless there is a clear connection to the worker’s job responsibilities.

Injuries sustained during personal conflicts unrelated to work are not covered. For example, suppose two employees get into an altercation due to personal matters. In that case, the resulting injuries may not be considered work-related and, thus, may not be covered under workers’ compensation. Injuries resulting from provocation may also not be eligible for workers’ compensation. Similarly, if you are injured due to a domestic violence dispute that occurred at your workplace, the resulting injury may not be covered under workers’ compensation. If you are a victim of domestic violence that spilled over into your workplace, you may need to turn to the criminal justice system.

Filing a Workers’ Compensation Claim for Workplace Violence in Vermont

The following are the steps to take after suffering an injury due to workplace violence in Vermont;

• Report the injury: Under Vermont law, when you are injured at work, you must notify your employer immediately or as soon as you are aware of the injury.
• Seek prompt medical attention: Your health and safety should be a priority. On top of ensuring you receive proper care, seeking prompt medical attention ensures your injuries are documented on time, which is vital for your workers’ compensation claim.
• Keep records: Maintain detailed records of the incident, including any medical records and correspondence with your employer regarding the incident.
• Consult an attorney: A qualified workers’ compensation lawyer can help you file your claim and seek the benefits you deserve.

Contact a Vermont Workers’ Compensation Attorney

If you’ve suffered injuries due to workplace violence, contact a qualified Vermont workers’ compensation attorney at Sluka Law PLC. We can help you determine if you have a valid claim. If you do, we can help you navigate your claim and obtain the benefits you deserve.

Source:

labor.vermont.gov/workers%E2%80%99-compensation/injured-workers/claims-filing#:~:text=When%20you%E2%80%99re%20injured,of%20the%20injury.