Wednesday, February 17, 2016

If You Get In a Fight At Work Can You Claim Workers Compensation?





Fighting on the Job and Workers Compensation. 


Most of us have had situations in our working lives where we have really wanted to punch a co-employee in the nose. But, if you did punch your co-employee, and knock them to the ground where they broke their arm, can they file workers’ compensation? The rule is if one worker injures a fellow co-worker because of a dispute about the manner in which work is being performed then the injured worker’s injuries are compensable under workers’ compensation. For example, if in the midst of a discussion about how to properly stack widgets so that the manager will not write them up for incorrect procedure, one worker strikes another with the widget and injures them, those injuries are compensable.


However, if one employee assaults the other solely from anger, revenge, hatred, or sheer vindictiveness and is not motivated by an incidence of employment, it is not compensable. For example, one co-worker was in the habit of insulting another’s mother, and finally in defense of mom, the miffed co-worker slammed his co-worker in the face with a hammer. Another common instance is romantic rivals fighting over a newly found out personal relationship. Just because work was a convenient venue for the assault to occur, it does not make it a compensable worker’s compensation case.


So, if you have been hurt on the job because of a work-related dispute report it immediately, and then pick up the phone and call Tippens & Zurosky, so we can be your voice, answer all of your questions, and file your claim! Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights during this often long and difficult workers' compensation process. Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation. Let us help you!


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