By: Michael J. McConnell, New York Workers’ Compensation Lawyer Serving Manhattan, the Bronx, and Westchester County
Workplace violence is far too common in New York and can result in serious injuries, including some that might not be visible or apparent initially. Some of these so-called “hidden injuries” can have devastating effects that can impact an injured worker for the rest of their life.
This article will discuss eight of the most common hidden injuries from workplace assaults in New York that can result in serious complications and how employees can get workers’ compensation for them.
Assaults at Work in New York are Often Covered by Workers’ Compensation
In New York, if you are injured during an assault at work, you may have a covered workers’ compensation injury so long as the assault was sufficiently connected to your employment.
For the most part, this means that unless the assault was purely personal in nature (such as an attack by a former lover), you could be eligible for temporary disability payments and free medical care through workers’ compensation.
Examples of Covered Workplace Assaults
- Nurses assaulted by patients.
- Delivery drivers robbed at gunpoint.
- Fast food workers attacked by coworkers.
- Cashiers attacked by angry customers.
Eight Hidden Injuries From Workplace Assaults to Watch Out For
Some injuries will be obvious after an assault such as broken bones, lacerations, bruises, swelling, or areas where you feel a lot of pain. It is only natural to focus your initial medical care on those visible or obvious injuries. However, there are some “hidden injuries” that might not be visible or cause any pain – at least initially.
What is scary about these hidden injuries is that if they are not properly diagnosed and cared for, they could get worse. This could then lead to serious complications.
Here are eight potential hidden injuries to watch out for after an assault at work:
Traumatic Brain Injuries
Especially if you were struck in the head or fell to the ground, you could have a head injury ranging from a mild concussion to a severe traumatic brain injury (TBI). Symptoms might not appear until hours, days, or sometimes even weeks after an assault.
According to the Mayo Clinic, here are some of the symptoms of a potential traumatic brain injury including concussions:
- Headaches
- Nausea
- Vomiting
- Fatigue
- Dizziness
- Problems with speech
- Blurred vision
- Ringing in the ears
- Sensitivity to lights and sounds
- Difficulty concentrating
- Decreased memory
- Mood swings
- Difficulty sleeping
Internal Bleeding or Organ Damage
Punches and kicks can cause internal injuries due to blunt force trauma. Things like internal bleeding can have devastating consequences if not diagnosed early.
This is why it is important to seek medical care immediately after an assault even if you don’t think you are injured. Telling a qualified medical practitioner about how you were assaulted by describing it in detail can help them evaluate you properly for potential internal bleeding or organ damage.
Nerve Damage
Especially if you were strangled during the workplace assault or suffered deep bruises and trauma to certain limbs, you could be at risk for nerve damage. Signs of nerve damage can include tingling and burning sensations as well as general muscle weakness.
Infections
Lacerations, bite marks, and other open wounds could expose someone to an infection after they have been assaulted at work. Bacteria and serious diseases can be transmitted through biting and scratching, which is why seeing medical provider right after the assault can be critical as they can perform certain tests and take immediate measures to prevent serious complications.
Fractures
Of course, some fractures will be very painful, visible, and obvious after an assault. However, some fractures might not be so obvious.
It is not at all uncommon for someone to break bones and not realize it until hours or days later. Especially broken ribs and certain facial fractures might not be immediately apparent.
Also, some could be hairline fractures and might not present any pain until you engage in certain movements or apply pressure to the injured site.
Psychological Trauma
Assaults are a very common cause of psychological trauma. Symptoms might not be noticed for days, weeks, months, or sometimes even years after a traumatic event. Things like anxiety, depression, and post-traumatic stress disorder are very common following an assault at work.
Some psychological trauma can be quite debilitating, which is why it can be so essential to speak with a licensed mental health professional following an assault at work.
Whiplash and Soft Tissue Injuries
While whiplash and various soft tissue injuries might seem minor in comparison to the other conditions mentioned above, the reality is that they can also lead to significant pain and decreased range of motion, which could prevent an injured worker from being able to perform their job duties.
Sometimes the adrenaline after the accident masks the pain of these injuries. After some time has passed, that pain may present itself and when it does it is essential to seek medical care.
Vision Loss and Hearing Loss
Punches to the face can be strong enough to cause loss of vision or hearing in certain situations. Injured workers might notice things like blurred vision, light sensitivity, or difficulty hearing at some point following the assault. Vision and hearing loss can both be covered through workers’ compensation if they are causally related to a compensable workplace assault.
Steps to Getting Compensated for Hidden Injuries Following a Workplace Assault in New York
It is generally important to do the following immediately after a workplace assault:
- Seek immediate medical treatment.
- Notify your employer immediately, but at least within 30 days of the accident as required by the law.
- File an Employee Claim Form called the C-3 with the New York State Workers’ Compensation Board.
- Continue to see a doctor for your injuries as recommended since you want to make sure you make the best recovery possible. Also, you generally only get disability payments for lost wages if you have proper medical documentation saying that you cannot work.
Of course, with hidden injuries the injured worker might not have realized they had a certain injury until some later point. If this is the case, they can still generally get the hidden injury covered by making a timely report of that injury and seeking immediate medical care once they know about it.
The real key to getting it covered will often be to have a credible medical report from a doctor that states the hidden injury was caused by the assault.
With many of these hidden injuries mentioned above, it is well known that they often do not present symptoms until some later point, so injured workers should not feel discouraged from trying to get them covered.
With that said, sometimes insurance companies will be skeptical about these hidden injuries that are reported at some later point following the assault. If they refuse to cover those injuries, you are encouraged to consider a free consultation with a New York workers’ compensation lawyer to protect your rights.
Conclusion: Hidden injuries such as TBIs and PTSD can be covered by workers’ compensation following a workplace assault in New York.
If you have been assaulted at work in New York, you may be entitled to workers’ compensation benefits. It is important to get an immediate medical evaluation for both the visible injuries and the ones that might be hidden.
The Law Office of Michael J. McConnell offers free consultations for injured workers who have been assaulted at work in New York, including nurses, healthcare workers, MTA employees, delivery drivers, security guards, and fast food employees.
Call: (914) 810-0510;
Text: (914) 810-0381;
Email: info@mcconnellinjurylaw.com
Or submit a request here: Free Consultation with New York Workers’ Compensation Lawyer
The Law Office of Michael J. McConnell serves injured workers throughout New York State, including in the following areas:
Attorney Advertising. Disclaimer: This website and its contents may be considered attorney advertising under the rules of certain jurisdictions. Prior results do not guarantee a similar outcome. The information and materials offered on this site, including any blog posts, are for general informational purposes only. They do not constitute and should not be considered to be legal advice. They are presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. No one should, or is entitled to, rely in any manner on the information from this site. Parties seeking advice should consult with legal counsel familiar with their particular circumstances. Links within this website may lead to other websites, including those operated and maintained by third parties. Those links are included as a convenience to the reader and the presence of any link does not imply a responsibility for the linked site, an endorsement of that site, or its operator or contents. Contacting the Law Office of Michael J. McConnell does not automatically create an attorney-client relationship. Reproduction, distribution, or republication of the website’s content is prohibited without prior written permission, except for personal, non-commercial use.