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New Jersey Workers’ Compensation is supposed to provide benefits regardless of fault. Despite this, there are exceptions. If you intentionally caused your work accident or were intoxicated, for example, your claim may be denied. In addition, if your injuries stemmed from a workplace altercation, the insurance company may argue that the fight was due to a personal dispute from outside the workplace, and was therefore not work-related.
At Team Law, our experienced Workers’ Compensation lawyers will evaluate your case for free to see how we can help you get benefits if you were hurt in a fight at work. Workplace altercations do happen, and if you were injured in an assault, you could be facing a long recovery. Our trusted lawyers can help you get the financial help you need.
Getting Workers’ Compensation after you were hurt during a fight with a co-worker can be more difficult, but certainly not impossible. The insurance company and your employer will likely ask many questions about the circumstances leading up to the altercation. Our experienced lawyers are here to make the process easier for you.
If you are injured in a work-related altercation, you are eligible for Workers’ Compensation in the same way as if you had been hurt falling off a ladder or using a machine. If you were hurt in a workplace altercation, call us or fill out our online contact form today to schedule a free, no-obligation case review with our team.
Workplace altercations can happen in any profession. Tensions in the workplace often run high, and physical violence—whether between co-workers or between a worker and customer—is often the result.
Under New Jersey law, you can still receive Workers’ Compensation benefits if you were hurt in a workplace altercation, so long as:
The general idea is that Workers’ Compensation should be available if something that happened at work caused the altercation in the first place. Co-workers often maintain friendships and personal relationships outside the workplace. If an issue from that personal relationship simply spilled into the workplace and caused a fight, the availability of Workers’ Compensation can be called into question.
It is also important to differentiate between a relatively mutual workplace altercation and assault in the workplace. For example, if a customer comes onto the premises and physically assaults you, you will be entitled to Workers’ Compensation benefits. You may also be able to pursue a personal injury lawsuit against the assailant.
The injuries you sustain in a workplace altercation can be serious. This is especially true if the fight occurs in an environment where dangerous machines or equipment are being operated, or if toxic chemicals are being used in the workplace. You might be unable to work while you recover from:
At Team Law, our dedicated injury lawyers work to make sure you get fair compensation to help you pay your bills while you are unable to work. Workers’ Compensation benefits cover:
Depending upon the severity of your injury, you may even be entitled to permanent disability benefits or compensation for loss of a limb, finger or toe.
In Workers’ Compensation cases involving workplace altercations, you can usually expect to face questions. Even though New Jersey Workers’ Compensation is “no-fault”, this rule does have its limits. Having a lawyer by your side to protect your right to fair compensation can be especially important if you were hurt in a mutual fight at work.
Our experienced injury lawyers at Team Law are dedicated to protecting the rights of injured workers across New Jersey. Schedule a free case review to discuss options in your case today.
When your employer or the insurance company contests your Workers’ Compensation claim, things immediately become more complicated. Work injuries stemming from workplace altercations are often challenged at some level. If you were hurt in a fight at work, speaking with an experienced Workers’ Compensation lawyer in the early stages can be important to protecting your rights.
To learn more about how the top-rated Workers’ Compensation lawyers at Team Law can help, call for a free case review today. We serve clients across New Jersey.
It can be relevant in the manner in which benefits are provided in some cases—for example, if your co-worker assaulted you and you did not fight back, your right to compensation would be less likely to face a challenge. Generally, however, you should be entitled to Workers’ Compensation benefits even if the fight was mutual and even if you did fight back. The most important concern is whether the fight was caused by something within the workplace or stemmed from a dispute that was related to something outside the workplace. New Jersey courts look to whether there is any evidence of an external disagreement. Courts have also awarded Workers’ Compensation in cases where each party to a fight defended themselves throughout the fight.
The two key steps to take after a workplace altercation are:
– Immediately report the altercation and request medical attention, and
– Follow all of the doctor’s orders related to the medical treatment
If your injuries are severe, you should report the accident and seek medical attention immediately. Even if you think you might be okay, you should see a doctor as soon as possible. For non-emergency situations, notify your supervisor of the injuries immediately and ask for an authorized medical provider. In an emergency situation, you can see the doctor that is first available at the hospital.
In non-emergency situations, you might want to take photos of the scene and injuries. If any co-workers or bystanders witnessed the altercation, make a note of this and get their contact information. In a later challenge, their testimony could possibly be useful.
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