Does Workers’ Compensation Cover Workplace Violence Injuries?
Everyone in Oregon deserves a safe work environment, yet workplace violence is becoming much more common. The federal Occupational Safety and Health Administration reports that in one recent year, over 700 people nationwide died from workplace violence. Workers’ compensation can cover workplace violence injuries, yet many people struggle to get the financial support they need because their employers either misapply or don’t understand the law.
Since our founding in 1955, Jodie Anne Phillips Polich, P.C., has recovered over $70 million for injured Oregon workers, and we can represent you after a workplace violence incident. Firm founder Jodie Anne Phillips Polich previously served on the Oregon Workers’ Compensation Board, and she and her team are well-versed in the workers’ compensation system.
Whether you need help filing your initial claim or are fighting a denial from your employer, we can handle the legal work while you focus on your recovery. Call now or complete our contact form for a free consultation with a workplace violence lawyer. You pay nothing to get started, and there are no attorney fees unless we successfully resolve your case.
When Does Workers’ Compensation Cover Violence at Work?
Workers’ compensation in Oregon can cover injuries resulting from violence in the workplace, but only under specific conditions. To qualify, the injury must have happened at the injured worker’s job site or during the course of their employment. That means if the incident occurred while the employee was on the clock and at their designated workplace, or an off-site location where they were required to be for their job, they may have a valid claim.
Another critical factor is the reason behind the fight. Workers’ comp typically applies only if the conflict stems directly from the injured worker’s job. For example, a fight among co-workers over how to complete a task, who is responsible for a duty, or performance expectations could fall under this category. Similarly, employees attacked at their jobs by clients, customers, or passersby usually qualify for compensation.
However, workers’ comp usually does not cover an employee who starts a fight. Even if that person would otherwise qualify for benefits, instigating the violence typically disqualifies them from receiving compensation.
If your employer accepts your claim, your workers’ comp benefits could include the following:
- Partial wage-replacement benefits while you heal
- Medical coverage to pay for your treatments
- Disability benefits if your injuries prevent you from returning to work or keep you from earning as much as you did before
- Vocational rehabilitation services to help you find a new job
Examples of Covered and Not Covered Workplace Violence Incidents
Whether a workplace violence injury qualifies for workers’ comp benefits depends on the circumstances surrounding the incident. The following are some common examples to help clarify what may and may not be covered.
Examples of covered workplace violence incidents:
- An employee suffers an injury during a physical altercation over how to complete a shared work task
- A disgruntled customer attacks a cashier while they are working their shift
- A delivery driver is assaulted while dropping off goods as part of their job
- A patient attacks a nurse at a hospital
Examples of potentially non-covered workplace violence incidents:
- An employee starts a fight after receiving criticism for poor performance
- A personal dispute between two employees leads to violence at work
- A worker suffers injuries in a fight during an off-duty social gathering
- Someone comes to the workplace to confront an employee over a non-work-related issue
- A fight breaks out over a romantic relationship that has nothing to do with any of the involved parties’ job duties
Third-Party Lawsuits After a Workplace Violence Injury
If you are a victim of violence at work and sustained injuries, you might have legal options beyond workers’ compensation, even if your employer denies your claim. In many cases, you can file a third-party personal injury lawsuit against the person who attacked you or others who may be responsible for your injuries.
For example, you could sue whoever assaulted you. While workers’ comp typically prevents lawsuits against your employer for work-related injuries, that protection doesn’t extend to third parties. If your attacker was a customer, visitor, or even a co-worker acting outside the scope of their job duties, you may be able to hold them accountable in civil court.
In some situations, your employer could also be liable. If the business failed to provide a reasonably safe environment — such as ignoring known threats, not fixing broken security systems, or allowing hostile behavior to go unchecked — you might have grounds for a personal injury claim.
These cases are complicated, but they can offer workplace assault compensation for losses that workers’ comp doesn’t cover, such as the following:
- The full amount of your lost income
- Pain and suffering
- Emotional distress
- Damaged personal property
Steps to Take After a Workplace Violence Injury
If you’ve been injured in a workplace violence incident, acting quickly can help protect your health, your rights, and your access to workers’ compensation benefits. You should take the following steps to stay on track:
- Get medical attention immediately.
- Report the injury to your employer as soon as possible, but no later than 90 days after the incident.
- File a workers’ compensation claim by submitting Form 801 or 827. You must do this within one year of the injury.
- Document everything, including the names of any eyewitnesses, your medical records, and the details of the incident.
- Speak with our attorney to determine your legal options.
What to Do If Your Workers’ Comp Claim Is Denied
Don’t give up if your employer denies your workers’ comp claim. Many denied claims are approved through the appeals process.
Start by reviewing the denial letter carefully to understand why your employer denied your claim. Then, request a hearing with the Oregon Workers’ Compensation Board. You have 60 days from the date of the denial to file your appeal. An experienced attorney who knows workplace violence laws can help you build a strong case and fight for the benefits you deserve.
How Our Portland Workers’ Compensation Lawyer Can Help You
At Jodie Anne Phillips Polich, P.C., we know how stressful it is to deal with a workplace violence injury, especially when you don’t know where to turn. We can explain your rights, guide you through the claim process, and fight for the benefits you need to heal and move forward.
Firm founder Jodie Anne Phillips Polich brings a unique perspective, having served as a former member of the Oregon Workers’ Compensation Board and with decades of experience handling complex work injury cases. With our firm on your side, you’ll have a skilled advocate who truly understands how the system works.
Call us now or complete our contact form to schedule a free, no-obligation consultation.