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New York Workers Comp Claims Get Personal

An appellate court’s recent declaration that an assault in the workplace doesn’t qualify for benefits, can have devastating effects on injured workers across the US.  A woman was declined benefits after she received devastating injuries from an assault that happened on a shuttle bus from her work place to her car that was parked in a distant parking lot.  The assault was declared a “personal attack” instead of a workplace injury.  The woman had never met the assailant until she was assaulted, so no personal contact had ever been made before that moment.  What is the line between a personal attack and a workplace injury, and how is it decided?

 

Who’s At Risk?

Any worker can be faced with a potentially dangerous situation while on the job, leaving work, or standing in the parking lot.  Who is at risk of being denied crucial benefits that are needed after an employee has suffered an injury?  If an attack can be deemed “personal” if you have never met the assailant, when is it considered harmful enough to be credible?

 

Just a Thought

What happens to bank employees who are assaulted by a robber?  They put in their hard-earned hours at work, only to be injured by a thief they have never met before.  Should they be declined coverage for their workplace injury?  What about first responders?  How will claims be handled for officers who are injured by erratic suspects?

 

Seek Professional Help

Worker’s Comp claims vary by each individual case.  No claim is the same, and an employee shouldn’t assume they aren’t covered.  Having a discussion with a qualified attorney will help ease the stress on the worker, so they can focus on recovery.

 

If you have been injured due to violence on the job, contact our attorneys at 888-799-3918 or through our online contact form for assistance with your potential claim for workers compensation.

Ask The Disability Guys

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Danielle Dexter, Workers Comp Client from Westchester County
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