By: Michael J. McConnell – Westchester County Workers’ Compensation Lawyer serving Yonkers, the Bronx, Manhattan, Queens, Brooklyn, Staten Island, White Plains, New Rochelle, Mount Vernon, Valhalla, and the rest of New York State.
If you have been assaulted at work or a victim of workplace violence in New York, you could be entitled to workers’ compensation benefits depending on what led to the assault.
Generally speaking, New York makes a distinction between workplace assaults that are closely connected to one’s work activities versus assaults that are purely personal.
Here are a few examples of workplace assaults that would be covered and thus eligible for benefits under New York workers’ compensation:
- Nurse assaulted by an intoxicated patient while the nurse is providing treatment.
- Cashier who is a victim of a store robbery.
- Employee attacked by coworker due to an argument over something work-related.
- MTA bus driver punched by rider refusing to pay the fare.
In contrast, a purely personal attack such as a scenario where a former lover shows up to an employee’s workplace and assaults them will usually not be covered – unless, of course, there is some additional fact that connects the assault more closely to the job.
There are countless other examples, including those that are closer calls. In general, however, the more closely the motivation for the assault is related to your employment duties the more likely it is to be a compensable workers’ compensation claim.
If you are a victim of a workplace assault, you are encouraged to consult with a New York workers’ compensation lawyer about the unique facts of your case.
In the rest of this article, I will discuss the following:
- Workplace violence statistics.
- The alarming rate at which nurses and healthcare workers are assaulted in New York City.
- The process for filing a workers’ compensation claim for a work-related assault in New York.
Workplace Violence Statistics
According to the U.S. Bureau of Labor Statistics, there were 57,610 nonfatal cases of workplace violence resulting in days missed from work, job restriction, or transfer during the period of 2021 to 2022. There were also 524 fatal cases of workplace violence (homicides) – the vast majority of which were a result of a firearm. Moreover, New York had the most instances of workplace violence in the entire country.
Nurses and Healthcare Workers are Most Likely to be Assaulted at Work in New York
The numbers also showed that healthcare workers and social assistance workers had by far the most instances of workplace violence. Teachers and education employees came in a distant second.
The New York State Nurses Association (NYSNA) has described the seriousness of the situation for nurses and healthcare workers as follows: “Workplace violence is endemic in healthcare facilities – and on the rise. Nurses and direct care aides experience the highest levels of workplace violence of any profession.”
According to NYSNA, the primary causes of workplace violence against healthcare workers includes: understaffing, lack of available mental health services, delays in care for patients, poorly designed work areas, inadequate security, and “lack of protocols to address the challenges of patients and visitors with a history of violent behavior.”
Anyone following the news regularly in the NYC area knows how common these assaults on nurses are, and keep in mind that those are only the instances that actually make the news. The problem is far more widespread than most of the public realizes.
Here are just a few of the many recent examples in New York:
- In March 2025, the Bronx DA indicted a Rikers inmate for slashing a nurse’s face.
- In November 2024, a Staten Island man was criminally charged for punching a nurse in the face and pulling her hair after she tried to administer an IV.
- In January 2024, a Bronx nurse at Jacobi Medical Center in the Bronx was punched in the face by a patient while taking his vitals. The patient had 23 prior arrests and apparently had at least four other assaults on healthcare workers since 2019.
- In February 2023, the Manhattan DA was criticized for only charging a patient with a misdemeanor rather than a felony after a vicious assault where the patient slugged a nurse at Mount Sinai Hospital in Morningside. Also troubling was the fact that apparently this brutal assault was just one of several attacks at the same hospital over a few days.
Again, there are plenty of other examples – especially if one expands their search beyond the five boroughs of New York City. This is a real problem in New York and we can all agree that our nurses and healthcare workers deserve so much better.
How to File a Workers’ Compensation Claim for an Assault at Work
As mentioned at the beginning of this article, you may be eligible for workers’ compensation benefits for things like lost wages and medical treatment if you have been assaulted at work in New York so long as the assault was related to your employment as opposed to a purely personal assault.
It is somewhat rare to see a purely personal assault in New York workers’ compensation, so the vast majority of assaults in the workplace are likely to be covered through workers’ compensation.
With that said, let’s now take a look at the five things should do immediately after a workplace assault in order to pursue the workers’ compensation benefits that you deserve:
- Call 911 and/or security to ensure your immediate safety.
- Seek immediate medical treatment for your injuries.
- Report the assault to your employer immediately and in writing if possible. (NY Workers’ Compensation Law technically requires you to provide notice of the accident to your employer in writing within 30 days, so be sure to meet that deadline at the very least. The sooner the better.)
- Take photographs of your injury.
- Obtain the names and contact information for any witnesses, including coworkers.
In the days and weeks that follow, it will be important to continue to seek medical treatment for your injuries, especially if your injury requires you to be out of work. To receive workers’ compensation benefits for lost wages, you need to have medical documentation from your doctor taking you out of work.
In addition to seeking medical treatment, you might also wish to consider a free consultation with a New York workers’ compensation lawyer for legal guidance on your claim.
After prioritizing your initial medical treatment, you will then also want to formally file a workers’ compensation claim with the New York State Workers’ Compensation Board by filing a C-3 Employee Claim Form, which can be found here. The form can be submitted by mail or electronically. You must file your claim within two years of the accident to comply with the statute of limitations. Missing this deadline could potentially prevent you from receiving workers’ compensation benefits for your injury.
In addition to compensation for lost wages and medical treatment, you can also receive compensation for permanent impairment depending on the nature of your injury and how you recover.
Conclusion
If you were assaulted at work in NYC, Westchester, Rockland, Long Island, or anywhere else in New York State, you could be eligible for workers’ compensation benefits. While workplace assaults are most common in jobs like nursing and healthcare, they can happen to any worker at any time. So long as the assault was sufficiently connected to the nature of the worker’s employment, the claim should be covered by workers’ compensation.
As always, it is recommended that you consult with a lawyer if you have been injured at work – whether by an assault or otherwise. A workers’ compensation lawyer can examine the specific facts of your case and provide critical guidance as to what your best options are.
If you have been assaulted at work or a victim of workplace violence, please contact the Law Office of Michael J. McConnell today for a free consultation.
Michael J. McConnell is a workers’ compensation lawyer serving NYC (the Bronx, Manhattan, Brooklyn, Queens, Staten Island), Westchester County, Rockland County, Long Island, and the rest of New York State.
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Last Updated 4/5/25.