Can I Get Workers’ Compensation if I Was Assaulted on the Job?

According to the National Safety Council, workplace assaults resulted in American workers missing 41,270 days of work in 2021-2022 and 524 deaths in 2022 alone. Whether instigated by coworkers, customers, patients, or even complete strangers, it’s more common than you think for workers in Ohio to be assaulted on the job.

Workplace assaults can result in serious injuries, including:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Muscle and ligament tears
• Cuts and contusions
• And more

These injuries can result in complete or partial disability that may be temporary or permanent.

Assaulted workers may be out of work for weeks, months, or even years—all while facing expensive medical bills. This makes getting workers’ compensation benefits so important for injured workers, but many Ohio workers are unsure of whether workplace assaults are covered by the Ohio Bureau of Workers’ Compensation (BWC).

If you or someone you love was assaulted on the job, here’s what you need to know about getting workers’ compensation benefits for your injuries in Ohio.

Ohio Workers’ Compensation Covers Victims of Certain Workplace Assaults

Workers’ compensation benefits are available to most people who become disabled due to injuries, illnesses, or incidents suffered on the job, including those whose own negligence contributed to their injuries. However, certain circumstances can make injured employees ineligible for benefits, including those who are injured in assaults.

If a worker is injured on the job in a fight or altercation deemed personal in nature, they are not eligible to receive workers’ compensation benefits. However, if the fight is over a work-related matter, the BWC may approve their claim.

How Does the BWC Determine if an Assault is Personal or Work-Related?

When assessing an employee's eligibility for workers' compensation benefits, the BWC uses specific criteria to determine whether a workplace fight is personal or work-related.

Here are some key factors they consider:

• Origin of the Conflict: If the fight arose from work-related disputes over job duties, work performance, or interactions directly related to the job, it’s more likely to be considered work-related. If the altercation is rooted in personal issues or disputes that began outside of work, it’s generally considered personal and not covered by workers' compensation.

• Employer Knowledge and Involvement: The altercation might be considered work-related if the employer was aware of ongoing conflicts and did not mitigate the situation or if the employer's actions or policies contributed to it.
  
• Witness Statements and Evidence: Testimonies from coworkers and supervisors, as well as any available video or other physical evidence, are important and often used by the BWC in determining the context and nature of the fight.
  
• Intent and Provocation: The BWC examines whether the injured employee was the aggressor or if they were provoked. Typically, workers' compensation benefits are not awarded if the injured employee was the instigator of the fight.

Occupations Where Workers Are at Higher Risk of Being Assaulted

In Ohio, several occupations have a higher risk of workplace assaults. These occupations involve direct interaction with the public or vulnerable populations, making the people who work in them more susceptible to workplace violence.

Here are five occupations where workers face increased risks:

• Healthcare Workers: Nurses, particularly those working in emergency departments, psychiatric units, and nursing homes, are at a significantly higher risk of being assaulted. These assaults can be instigated by patients, patients’ family members, and even coworkers.
  
• Social Service Workers: Employees in social services, such as social workers and case managers, often work with individuals in stressful or volatile situations, increasing their risk of assault. In 2018, the Bureau of Labor Statistics reported that health and social service workers were nearly five times as likely to be assaulted than workers in other sectors.
  
• Law Enforcement Officers: Police officers, state troopers, sheriff’s deputies, and other law enforcement personnel frequently encounter dangerous situations that can lead to assaults. In Ohio, HelpAdvisor reported that about 3.2% of law enforcement officers were assaulted while on duty in 2020​.
  
• Teachers and Educational Staff: Educators, especially those working in special education or with at-risk youth, can face physical assaults from students.
  
• Retail Workers: Employees in retail, particularly those working in convenience stores, gas stations, and 24/7 establishments, are at higher risk of being assaulted. These workers often face robberies or confrontations with customers​.

Our Ohio Workers’ Compensation Lawyers Can Help You Get Benefits

Assaulted workers can suffer injuries that are just as disabling as workers who are hurt in workplace accidents. However, the BWC’s no-fault policy for most workers’ compensation claims is put to the test by workplace assault cases. That’s because the determination of assaults over personal matters vs. work-related matters is often subjective—and the BWC doesn’t always get it right.

At Nurenberg, Paris, Heller & McCarthy, our experienced Ohio workers’ compensation attorneys have decades of experience building successful applications for injured workers, including those who were assaulted on the job. Trust our experience and aggressive approach to ensuring our clients get the benefits they deserve. Contact us today for a free consultation.

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