When most workers think of workers’ comp insurance, they think of getting struck by construction equipment, falling off a ladder, or a back injury from lifting a heavy object. However, workplace injuries can involve any number of causes, including violence by a boss or coworker. Victims of workplace violence may be able to seek workers’ comp after a workplace injury, to provide medical coverage and wage benefits for the time they are unable to return to work.
A cook in a sushi restaurant in Joliet, Illinois was stabbed while at work by the restaurant’s owner. The cook then filed a workers’ comp lawsuit against the restaurant because the injuries were sustained while in the course of employment.
How Common is Workplace Violence in Illinois in the Greater Chicago Area?
Workplace violence is not uncommon and may be on the rise in some occupations. According to the National Crime Victimization Survey, between 1993 and 1999, there was an average of 1.7 million violent victimizations per year in the U.S. against persons who were at work or on duty. According to the Occupational Safety & Health Administration (OSHA), workplace homicides accounted for 11% of total fatal work injuries in 2000.
Workplace violence can happen in any job. However, certain types of jobs may have greater risk factors for workplace assaults, including:
- – Cab drivers
- – Police
- – Private security
- – Fast food service managers
- – Hotel managers,
- – Bartenders
- – Nurses and healthcare workers
- – Teachers
- – Delivery drivers
- – Bus drivers
- – Mental health workers
Will a Workplace Violence Injury Be Covered by Workers’ Comp?
In general, workplace violence injuries should be covered by workers’ comp. Unfortunately, the insurance company may try and claim the injury is not covered to try and avoid paying out benefits. If the workers’ comp insurance or your employer tells you the claim is not covered, talk to an experienced workers’ comp lawyer to make sure you are not being taken advantage of.
Personal Injury Claim After Workplace Violence
Even if the claim is not covered by workers’ comp, there may be other options for recovering compensation for your injuries. You may be able to recover from the attacker who caused the injuries. The attacker may be required to pay restitution as part of the criminal charges, or you may be able to file a personal injury lawsuit against the attacker for assault.
Questions About Workers’ Comp in Aurora and Chicago
A workers’ comp claim after an accident can help an injured worker pay for medical bills and get an income after an injury accident. Unfortunately, the employer or insurance company may try and claim the injury is not covered and deny a workers’ comp claim. If you were injured in workplace violence in Aurora or the Chicago area and the employer denied your claim, you need an experienced Illinois workers’ comp attorney Contact the Cullotta Bravo Law Group today at 630-898-7800 to schedule your free consultation.
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