When you think about a work-related accident, there’s usually a specific image that pops into your mind: a slip and fall, a run-in with a forklift, a machine malfunctioning, or even just repetitive actions that can, in the end, lead to carpal tunnel.
But if you’re in a fight at work, and get injured, as a result, is this type of event eligible for workers comp?
Understanding the Law
The Missouri workers comp laws state that workers may receive compensation for their injuries that have a direct connection with their work, whether it’s an accident that took place while performing a task, or even an illness caused over time by the environment.
The laws also have a no-fault standard. This means that, in order to access workers' comp benefits, you do not have to prove your employer was negligent or directly responsible for your accident and injuries. This protects the worker even from mistakes made by other co-workers. The no-fault rule also protects the employer for not getting sued by the injured employee for negligence.
Based on the no-fault rule, it may mean that injuries sustained during a fight at work could be eligible for compensation. If your employer doesn’t have to be directly involved in the action that has caused you harm, then a fight among co-workers could be compensated as long as it took place on the ground where you work.
Your Role in the Fight Will Come Into Question
If you instigated the fight and launched the attack, then that may prevent you from getting workers' compensation benefits for your injury. Though workers comp has a no-fault standard, attacking someone on purpose is considered an assault or battery, meaning you committed a criminal act. Even under normal circumstances, workers' comp coverage does not extend to workers doing something illegal at the time of the accident.
However, if you were the victim, meaning the other worker attacked you, it’s possible you may have a case, though you can expect to have to answer a few questions about what lead up to the event:
- What was your relationship with your co-worker?
- What did you say, or do right before the attack?
- Do you have a history of being involved in workplace violence?
If it is found you instigated the fight, even if you did not throw the first punch, it’s possible for your claim to be denied.
What Should You Do?
If you were attacked at work, either by a coworker, client, or another person, you may have a case for workers comp. Reach out to an experienced St. Louis workers compensation lawyer for help in filing the claim and receiving benefits.
Technically speaking, injuries sustained in a fight at work are eligible for compensation as long as you can prove you are the victim in this scenario. A lawyer can help prove it and protect your legal rights.
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