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Can I Get Workers’ Compensation When A Coworker Assaults Me?
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Can I Get Workers’ Compensation When A Coworker Assaults Me?
Workplace conflicts can sometimes escalate and become physical. If a coworker assaults you at work, you may be able to obtain workers’ compensation, depending on the nature of the incident.
An on-the-job assault, however, is not always compensable under New Jersey workers’ compensation laws. Just because you suffered injuries in the workplace does not mean you qualify for benefits.
If the assault arose from a dispute connected to something during the course of employment, you may be entitled to benefits for your injuries and lost wages. For example, you and your coworker may have had a disagreement about how they were carrying out a task before the assault happened.
On the other hand, you may not be able to obtain workers’ compensation if the assault occurred due to a personal dispute between you and the coworker. For example, the coworker may have carried out the assault based on a grudge held against you outside of work.
To recover benefits, you are required to show that the assault arose out of your employment relationship with the coworker rather than being personally motivated. If the assault had no connection to your employment, you may be barred from obtaining workers’ compensation for your injuries.
In some cases, you may have grounds for a personal injury lawsuit against your coworker for the assault. Filing a lawsuit allows you to recover damages for emotional distress, pain and suffering, and other non-economic damages that you do not receive in workers’ compensation claims.
Establishing that your assault injuries arose from an employment-based reason is necessary to obtain workers’ compensation. However, doing so is not easy as your employer may argue that the assault was not connected to work and deny you benefits.
Contact the Experienced Workers’ Compensation Lawyers at the Todd J. Leonard Law Firm Now!
If you were injured while on-the-job, this is undoubtedly a difficult time for you and your family. The workers’ compensation lawyers at the Todd J. Leonard Law Firm understand the challenges you face and want to help protect your rights. We aggressively represent every client we serve, ensuring they recover the benefits they need to move on with their lives after a serious accident while on the job.
Whether it be through a workers’ comp claim and/or a third-party personal injury case, our worker’s compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. We have recovered over $100 million for our clients and can effectively negotiate on your behalf with even the largest insurance companies. We have successfully served thousands of clients throughout New Jersey. To learn more about how we can help you pursue a workers’ compensation claim, give us a call today at (973) 920-7900 to request a free and confidential consultation. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.
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Being injured or having a family member injured can have serious and lifelong consequences. We can try to ease the burden. Contact us today to learn more about how our team of experienced New Jersey accident attorneys can support you through these challenging times.