Generally, if you were attacked while performing your duties as an employee, Arizona workers’ compensation will cover treatment of your injuries and can pay you partial wage replacement benefits if you must miss time from work as a result.
If you or someone you know was assaulted on the job in Arizona, please call Matt Fendon Law Group at (800) 229-3880 or use our contact form to find out if it is covered by workers’ compensation.
Does Arizona Workers’ Compensation Cover Injuries from Workplace Violence?
Under Arizona’s “friction and strain rule,” if your work environment requires you to be around a coworker with whom you cannot get along, and this eventually leads to that coworker assaulting you for personal reasons, this is compensable under workers’ compensation.
There are some exceptions to this rule, however.
Are There Any Exceptions to Workers’ Comp Coverage of Workplace Violence Injuries?
Some limitations and exceptions exist on whether Arizona workers’ compensation will pay benefits for injuries you receive because of violence.
- For example, if you initiated a fight with someone else, you may not be covered.
- If you are injured because of an assault while commuting to or from work, this may not be covered unless you were engaged in a work activity during the commute.
- If your employer, manager, or supervisor attacks you at work, this may be an intentional act that could result in a personal injury lawsuit instead of a workers’ compensation claim.
- If you are attacked by a third party while engaged at work, this is also potentially a personal injury claim as well as a workers’ comp claim. A personal injury claim can allow you to seek compensation not allowable under workers’ compensation, like damages for pain and suffering or emotional distress.
What Should I Do If I Am Assaulted at Work?
If you are subject to a physical assault while at work, here is what to do:
- If possible, remove yourself from the dangerous situation.
- Seek medical attention, even if your injuries seem minor.
- Inform your supervisor or human resources department immediately and follow your company’s procedures for reporting workplace incidents.
- If the assault is serious, such as an incident in which a weapon is used, contact law enforcement and file a police report.
- Write down what happened, including dates, times, locations, and witnesses.
- Take photos of any visible injuries or property damage.
- File your claim with the Industrial Commission of Arizona (ICA) as soon as possible. You have up to one year to file your application.
Have You Been Injured Because of Workplace Violence?
If you have been the subject of an assault by anyone else while working, or if you have lost a loved one because of a fatal incident of workplace violence, then Matt Fendon Law Group can help you receive Arizona workers’ compensation benefits, including death benefits.
Our founding attorney, Matt Fendon, is a board-certified specialist in workers’ compensation
law by the State Bar of Arizona. His comprehensive knowledge of Arizona workers’ compensation laws, coupled with his intense focus on customer satisfaction, allows our law firm to deliver an unparalleled customer service for our clients.
Please call Matt Fendon Law Group at (800) 229-3880 or use our contact form to get help.
