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If I am assaulted at work, is that workers' comp?

The answer to that question is most likely "yes". If you are assaulted by a co‑employee it will typically fall under Arizona workers' compensation benefits. There are a few rules that apply to assaults in the workplace, but the general rule is they will be covered as long as they're related to a work related dispute.

There is also a rule called the "friction and strain rule" which says if the work brought the two people together and created relations that ultimately caused the assault, it would be covered under Arizona workers' compensation law.

There are, of course, exceptions to this rule. There has been some case law that established if a supervisor or other higher up or management employee is assaulting an employee, the injured worker may be able to sue the supervisor and/or company in tort for an intentional act.

Most of the time, courts will find it is a workers' compensation case versus tort, however.

If you or someone you know were assaulted on the job in Arizona, please feel free to contact us for a free consultation to discuss your rights.

Fendon Law Firm is the largest family owned and operated workers' compensation and Social Security Disability law firm in Arizona. We treat clients like family because we are family. Contact us today!

Categories: Workers' Compensation