By: Michael J. McConnell, New York workers’ compensation lawyer, graduate of Pace Law School, and Member of the New York State Bar Association and Injured Workers Bar Association
Physical assaults on the job can happen. Not only can they cause serious physical injuries, but they can also leave deep emotional and mental scars.
Typically, assaults that happen at work will be covered by workers’ compensation so long as the assault was sufficiently connected to one’s employment as opposed to a purely personal assault. Yet someone who has been assaulted at work may find it overwhelming trying to understand their rights and how to secure compensation.
In today’s article, I will cover the general steps that injured workers should take after a workplace assault for the purpose of getting workers’ compensation benefits.
If you’ve been a victim of an assault in the workplace, you can also just give our office a call at (914) 810-0510 for a free consultation.
Ensure Your Immediate Safety
The top priority after an assault at work is your safety. This can be done by:
- Calling 911 if you’re in immediate danger or have suffered serious injuries.
- Moving to a safe location away from the perpetrator.
- Notifying security personnel or a supervisor immediately so they can intervene if needed.
Removing yourself from a volatile situation is essential for ensuring your physical safety. It will allow you to evaluate your injuries and decide on your next steps.
Get Immediate Medical Care
The range for the types of injuries someone can get after a workplace assault includes serious, life-threatening injuries all the way down to minor scrapes and bruises. However, it is important to get immediate medical attention after an assault at work even if your injuries appear minor. Some injuries – like concussions and internal bleeding – are not visible but can cause serious complications if not diagnosed by a doctor quickly.
This is why it is important to avoid delaying medical care after being assaulted. You should therefore:
- Go to the emergency room or urgent care to get an initial medical evaluation, including having the doctor check you for a “hidden injury” like a concussion.
- Inform the medical provider that the injury occurred at work and was due to an assault. This will be important documentation to help prove your injuries are eligible for workers’ compensation.
- Follow through with all medical recommendations, including prescriptions, follow-up visits, and physical therapy.
Immediate medical care is important not only from a health perspective but also from a documentation perspective. Having early medical records that help prove your injuries were caused by a work-related assault can make all the difference in getting fully compensated on a workers’ comp claim.
Formally Report the Assault to Your Employer in Writing Within 30 Days
In New York, you must notify your employer of any workplace injury within 30 days to qualify for workers’ compensation benefits.
- Make the report in writing and include:
- The date and time of the assault
- Names of any witnesses
- The name of the assailant, if known
- A brief summary of what happened
- Keep a copy of the report for your records.
Even if your boss or coworkers witnessed the assault (or even if it is on video), you still are required to formally report it in writing.
Submit a C-3 Form With the Workers’ Comp Board
The New York Workers’ Compensation Law requires injured workers to file a form called the C-3 Employee Claim Form after an injury. This must be done within two years of the date of the injury, but it is better to do it as soon as practicable. A diligent workers’ compensation lawyer can help you properly complete this form in a timely manner.
The C-3 will describe several important things, including:
- How the assault occurred
- The injuries sustained
- The names of any witnesses
- The medical treatment received so far
The form is an important document in your case, which is why it can be helpful to have the guidance of a trusted workers’ comp attorney in New York assist you in completing it.
Consult With a Workers’ Compensation Attorney if You Were Injured in an Assault at Work
While not legally required, working with a workers’ compensation attorney can make a big difference in your case, especially when dealing with a workplace assault.
An attorney can help:
- Ensure all documentation is properly submitted
- Represent you at hearings
- Challenge denials of necessary medical care or payment of lost wages
- Determine if there is a possible third-party claim available (for example, assault by a non-employee)
A workers’ compensation attorney in the New York City area and elsewhere throughout New York will offer free consultations. This means you can speak with a lawyer about your case for free. And if you decide to hire them, there are zero upfront costs as they only get paid if you win your case by getting compensation.
Document Everything
Keep very detailed records of everything related to the assault and your claim:
- Medical reports
- Communication with your employer and coworkers
- Witness statements
- Police reports (if applicable)
- Photos of your injuries
- Work incident reports
Having these types of records will help you build a strong case, which can be critical in protecting your rights if the insurance company tries to deny your claim.
Final Thoughts
Getting assaulted at work is always a serious matter. In many cases, it can be a very traumatic experience. The good news is that New York law generally allows injuries from an assault on the job to be covered by workers’ compensation. Taking the correct steps immediately after the assault can help make sure that you get all of the benefits and compensation that you deserve.
As always, if you have questions about your case, you can speak to an attorney right now by calling (914) 810-0510 or submitting a request here: Talk to a Lawyer About Your Injury at Work.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. For specific guidance on your situation, consult with a qualified workers’ compensation attorney in New York.