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Can you get workers’ comp for workplace assaults?

Those in Toms River and other New Jersey cities are generally familiar with workers’ compensation. They know that the program provides financial benefits such as medical care coverage and wage replacement to those injured while working.

The program offers benefits for nearly all work-related injuries. However, few people realize that it can cover injuries that you might not associate with work. For example, if you suffer an attack or assault while working, you likely qualify for benefits the same as you would if you fell and broke your ankle working an assembly line.

What jobs put employees at risk of workplace violence?

In truth, any job comes with at least a slight risk of violence. For example, an angry customer might assault you for failing to hand over their Egg McMuffin on time. With that said, some jobs come with an increased risk of assault or attack. Examples include:

  • Those who work in mental health facilities
  • Hospital emergency room personnel
  • Police officers and emergency responders
  • Correctional facility staff members
  • Those who work in transportation (bus or taxi drivers, etc.)
  • Bartenders and restaurant staff

If you were on duty at the time of the assault and did not instigate the altercation, your workers’ comp claim will likely succeed.

What if the assault was over personal matters?

Say that your brother enters your workplace angry with you over a personal matter. If your brother becomes violent and assaults you, it may be harder to have your claim approved because the injury arose over a personal affair. In situations where such matters cloud the issue, you may benefit from legal guidance with your claim.

We urge you to familiarize yourself with New Jersey workers’ compensation laws and regulations to assure success with your claim. 

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