Workplace violence is a fact of life in our society. Unfortunately, it does not seem like workplace violence will stop any time soon. We saw a recent shooting at a FedEx location in Kennesaw. People often wonder if these are actually Worker’s Compensation claims. The answer is, usually, but it depends. A workplace assault can be an “accident” for workers’ compensation purposes but the assault must arise in the course of the person’s employment. Not all workplace assaults, even if they occur at work, arise out of the person’s employment.
If the assault was directed against a person for purely “personal” reasons, it may not be deemed a compensable work injury. One example is a jealous spouse confronting a spouse’s coworker. Let’s assume a spouse was concerned about his wife/her husband having an affair with a coworker. If the jealous spouse assaults the coworker, this would likely not be compensable redeemed work-related and could be deemed “purely personal.” Further, the defense could also use the aggressor defense. In other words, if the injured employee with me initial aggressor as a result of an altercation in the claim may not be deemed compensable as a working injury.
If you are injured in a workplace violence incident, it important to contact an attorney as quickly as possible. These claims are very fact-specific and hiring an attorney is critical to gathering the information correctly the first time. Beth Gearhart is Georgia’s best workers’ compensation attorney and always standing by her phone ready to explain your rights as an injured worker. Contact Beth Gearhart today for a free consultation and learn your rights in the state of Georgia. Beth is an expert workers’ compensation lawyer in Georgia. Beth listens and cares about her clients’ health and well being.