No one likes to think about the possibility of being harmed in an incident involving workplace violence. However, this can happen. While such incidents may be more common in specific workplaces and industries than others, virtually all employees should be aware of the possibility of a coworker, customer, or even trespasser becoming violent.
While this will hopefully never occur, if you are ever hurt in the workplace due to the violent actions of another party, you may wonder what your legal options are in these circumstances. For instance, in California, you might not know whether this is a scenario in which you should take legal action solely against the individual who attacked you or whether it might make more sense to file a workers’ compensation claim.
The following overview will provide information that could help you better understand how you may proceed. That said, it’s essential to remember that the best way to get answers to these types of questions is to discuss the matter in greater detail with an attorney.
To prove eligibility for workers’ compensation benefits in California, you need to show that you were injured while operating within the scope of your duties as an employee.
This means you technically may be able to seek workers’ compensation benefits after being hurt in a violent incident at your place of work. Factors that may influence whether your employer’s workers’ compensation insurer accepts your claim include the following:
The following example can help you understand how various nuances can theoretically influence your odds of receiving workers’ compensation benefits after a violent individual harms you.
Perhaps you’re driving during work hours when an aggressive driver, angry with some perceived slight, forces you to pull over. They confront you and assault you, resulting in injuries.
Are you eligible for workers’ compensation? If you were driving for work in some way, such as moving to a job site, you may be. On the other hand, if you were technically driving during your lunch break, you were not operating as an employee at the time of the incident and thus are likely not eligible for workers’ comp benefits.
It’s important to understand that insurance companies often look for reasons to deny claims to minimize their financial losses. If your employer’s insurer denies your claim after you were injured in a workplace accident, be aware that this doesn’t necessarily mean they made the right decision.
This highlights one of the many reasons it’s essential to seek proper legal representation when filing a claim. At the Law Offices of Kropach & Kropach, a Los Angeles workers’ compensation lawyer can help you navigate the process confidently. Learn more about what we can do for you by contacting us online or calling 818-609-7005 to schedule a free consultation.