It’s estimated that close to two million people are victims of violence at work every year. When you combine this number with the more than 140 million employees covered under workers’ comp coverage, one question comes to mind: can I get workers’ compensation for a fight at work?
There isn’t a single answer to this question. While workers’ comp covers all injuries caused as a result of doing your job, physical violence complicates matters. Thankfully, the personal injury attorneys at The Berman Law Group are some of the most experienced and dedicated legal professionals in the country. Find the answer to if you can get workers’ comp for a fight at work below. Call us now at (800) 883-5206 for a free case review from Florida’s premier law firm.
Your Claim Depends on Unique Circumstances
Workers’ compensation may cover you depending on the circumstances of your fight at work. This is where things get murky and having a talented team of attorneys on your side helps tremendously. In some instances, violence in the workplace is clearly unwarranted. If, for instance, an argument started by your coworker results in them physically assaulting you with a coffee pot, there is a strong chance you can get workers’ compensation. If, on the other hand, an argument that was mutually started results in you engaging your coworker in a fight, you are less likely to be covered. It’s important to remember that workers’ compensation laws are no fault. This means that you’re covered even if the fault of your injury results in your shoulders and not your employers. There are several exceptions to this, including assault and battery in the workplace. These laws vary state-by-state and it’s best if you contact a dedicated workers’ comp attorney in Florida to verify your eligibility. If you’re claiming workers’ compensation for a fight at work, most states also require the cause of the fight to be work-related. This means that if someone walks into your office from the street and assaults you, you may not be covered.
Florida Workers’ Comp Laws
Whatever type of workers’ compensation claim you’re filing, the specific guidelines will vary by state. We’ve put together a list of common workers’ comp laws, filing information, and time frames below for Florida, but these will likely be different if you live in a different state. You can file for workers’ compensation for a fight at work and, if approved, receive benefits for lost income, permanent disability, medical expense reimbursement, and more. You must notify your employer of your injury within thirty days of being injured or first noticing your injury. The vast majority of fights at work result in the former, though a minor scuffle may result in a subtle injury that is only noticeable days or weeks afterward. In this case, you should notify your employer as soon as you’re aware of the injury and then contact The Berman Law Group to hold all responsible parties accountable.
After notifying your employer, you should seek medical attention immediately. This may not seem necessary for smaller injuries, but it can have a significant impact on your workers’ comp claim later in the process. Remember to ask your employer if you must go to an approved physician. Finally, in order to get workers’ compensation for a fight at work, you must file your claim with the Florida Division of Workers’ Compensation within two years of your injury. The sooner you file, the better.
Now that you know if you can get workers’ compensation for a fight at work, it’s time to call The Berman Law Group. Our team of attorneys has helped hundreds of people get the compensation they deserve and we can help you too. Call (800) 883-5206 now for a free consultation.