You Could Receive Workers’ Compensation Benefits for Workplace Violence, But You Can’t Take Chances with Your Claim
Workers’ compensation is a financial lifeline for employees who have been hurt on the job.
Although most claims relate to accidental injuries, coverage can extend to almost any other workplace incident that causes serious mental or physical harm. This includes acts of violence, whether perpetrated by a coworker or committed by a customer. Depending on the circumstances of your claim, you could be entitled to significant compensation for your injuries, with benefits ranging from the repayment of your medical bills to income replacement.
Read more to learn about filing a workers’ compensation claim for workplace violence, or contact Kirshenbaum & Kirshenbaum, Attorneys at Law, to schedule your 100% free, no-obligation consultation.
Filing a Workers’ Compensation Claim After Being Injured by Workplace Violence
The Rhode Island General Laws provide a broad definition of what types of employees are eligible to receive workers’ compensation. Under R.I. Gen. Laws § 28-33-1, any person categorized as an employee and covered by a valid workers’ compensation policy is entitled to benefits if they sustain injuries “arising out of and in the course of his or her employment.” This definition includes acts of workplace violence, provided that such acts of workplace violence are “connected and referrable to the employment.”
Although Rhode Island law may seem unambiguous, workers’ compensation claims are often anything but straightforward. Even if you’re confident that you have a compelling case, obtaining benefits often requires combining decisive action with rock-solid evidence.
Here’s what you should do if you’ve been injured in a Rhode Island workplace assault that wasn’t your fault:
Notify Your Employer
You can’t receive workers’ compensation benefits if you don’t report your injury.
Every company has its own reporting procedures, but most businesses expect information about an impending claim to be shared with:
- Your boss
- Your employer’s human resources department
- Your employer’s workers’ compensation designee
After receiving notification of a work-related injury, your employer must file a claim for benefits with their workers’ compensation carrier. The insurance company will investigate the injury, determine if the injury is “connected and referrable” to your employment, and make an initial decision about your eligibility.
If you are not approved for workers’ compensation benefits, a workplace accident lawyer could help you file an appeal.
Ensure Your Injuries are Documented
You can only receive workers’ compensation for an act of violence if you have evidence proving that you sustained injuries. This almost always means taking a trip to the doctor’s office.
A physician could:
- Diagnose your injuries
- Structure your medical care plan
- Testify about the severity of your injuries to the insurance company or the Rhode Island Workers’ Compensation Court
Seeing the doctor also ensures that your injuries are documented and cannot be easily disputed by a profit-conscious insurance company.
Understand the Limitations of Workers’ Compensation
Obtaining workers’ compensation for an act of workplace violence could be difficult.
Since Rhode Island law states that only workers who sustain injuries “arising out of and in the course of” employment are entitled to benefits, you may be required to establish that the assault was not prompted by a personal dispute or other non-work-related grievance.
Depending on the circumstances of your claim, this could mean collecting evidence such as:
- A police report or complaint
- Surveillance camera footage
- Eyewitness testimony from a coworker, customer, or other bystander
If you aren’t sure how to obtain evidence or establish liability, a workplace accident lawyer could help you conduct a thorough investigation.
Stay Skeptical of Insurance Adjusters
You should always remain skeptical of insurance adjusters and their motivations.
Since insurance companies are fundamentally for-profit enterprises, it is almost always in their best interest to deny claims rather than approve them. Adjusters sometimes accomplish this by employing borderline underhanded strategies, like:
- Asking you to provide a recorded statement, hoping that your choice of words will implicate you in the assault and absolve the insurer of liability.
- Demanding unfettered access to your medical records, which can be used to attribute your injuries to a past accident or preexisting condition.
- Offering a preliminary settlement, which could provide a lump-sum payment at the expense of longer-term benefits.
Know Your Benefits
You shouldn’t have to fight for help after being injured by workplace violence.
Under Rhode Island state law, you could be entitled to workers’ compensation benefits including, but not limited to, the following:
- The repayment of medical bills
- The costs of your anticipated care
- Physical therapy and physical rehabilitation
- Income replacement up to 75% of your average weekly base wages
- Compensation for temporary, partial, or permanent disability