You need a lawyer. We put you first with personalized representation. Our attorneys are here to support you.

Group photo of attorneys Gary C. Angiuli, Annamarie Gulino Gentile and Stefanie Lynn DeMario

Does workers’ compensation cover assault?

On Behalf of | Aug 10, 2018 | Workers' Compensation |

While most employees in New York go to their jobs every day and do not have to think or worry about getting assaulted, there are certain occupations in which assault may occur. When it does, workers can collect workers’ compensation benefits for injuries they sustain.

According to the San Gabriel Valley Tribune, driving a bus can be a very hazardous job that can result in numerous types of assault and attack. This is especially true in areas of bigger cities where there are low-income populations. Most incidences occur when someone tries to get away with not paying the fare and the driver confronts the fare evader. The types of assaults that have occurred include being spit on, having hot liquid thrown on them and getting punched, kicked and even stabbed. As a result, each incident cost Metrobus almost $50,000 in workers’ compensation and $6 million of taxpayer money. 

FindLaw discusses that whether assault occurs from a customer or a coworker, the employee’s injuries are covered by the company’s workers’ compensation. In order to be a valid claim, the attack must be related to work and occur during work hours. More than likely the claim will not be covered if the assault is due to a personal matter or if the employee initiated the attack.

In the event you have been attacked at work, you should see a doctor right away and report the incident to your supervisor. Time is of the essence, as there is usually a statute of limitations for filing a claim.





FindLaw Network