When Does Workers’ Comp Cover an Assault at Work?

Being attacked at work, whether by a customer, a stranger, or a coworker, leaves injuries that go beyond whatever shows up on an X-ray or a medical chart. The physical harm is often the more straightforward part. The fear of returning to the same building, the same shift, or the same job entirely is frequently just as real, and just as much a consequence of what happened.

Not every act of workplace violence is treated the same way under North Carolina workers’ compensation law. Whether an assault is covered can depend on what led to the attack and how it was connected to the worker’s employment. In some cases, an injured worker may also have a claim against the person responsible for the violence. A Charlotte workers’ compensation lawyer can evaluate both issues when an assault results in a workplace injury. 

When an Assault Counts as an “Accident” Under Workers’ Comp

An intentional assault can still qualify as an “accident” under North Carolina workers’ compensation law when the attack was unexpected from the injured worker’s perspective. North Carolina courts have recognized this principle in cases involving workplace violence.

The fact that the attacker acted intentionally or even criminally does not, by itself, prevent the resulting injury from being considered an accident. However, that does not mean every assault that happens at work is covered by workers’ compensation. The injury must also arise out of and occur in the course of employment, which makes the reason for the assault and its connection to the worker’s job important parts of the claim.

When Violence by a Customer or Stranger Is Work-Related

When a customer, stranger, or other third party assaults a worker, the fact that the attack happened on the job does not automatically make the resulting injury compensable. North Carolina courts look at the connection between the assault and the employment, including whether the worker’s job placed them at an increased risk of the type of violence that occurred. North Carolina case law has considered whether the employment exposed the worker to a particular danger beyond the risks faced by the general public.

The nature of the job can be especially relevant for employees who regularly interact with the public or work in situations where confrontations may occur. Healthcare workers may encounter violent or agitated patients, while retail workers may face confrontations with customers. Delivery drivers, security personnel, and other workers may also have job duties that expose them to particular risks of assault.

These jobs are not automatically covered simply because they involve greater interaction with the public. The circumstances leading to the attack, the worker’s duties, and the connection between the violence and the employment all matter when determining whether an injury arose out of the job.

Coworker Violence and Workers’ Compensation for Workplace Violence

When violence occurs between coworkers, the reason for the assault can be especially important. If the conflict grew out of the employment, such as a dispute over job duties, work performance, supervision, or another workplace issue, the resulting injury may be considered to have arisen out of the worker’s employment.

The analysis can be different when the assault stems from a purely personal dispute unrelated to the job. An attack motivated by a personal relationship, jealousy, or a dispute that happened outside of work may not become a compensable workers’ compensation claim simply because the assault occurred at the workplace or during working hours. In these cases, the events leading up to the assault can be just as important as where the attack happened.

Can You Have a Personal Injury Claim After an Assault at Work?

Workers’ compensation generally serves as an employee’s exclusive remedy against their employer for a covered workplace injury. However, an assault may involve someone outside the employment relationship, such as a customer, stranger, or other third party who is legally responsible for the worker’s injuries.

In those situations, the injured worker may be able to receive workers’ compensation benefits while also pursuing a separate personal injury claim against the responsible third party. The two claims serve different purposes. Workers’ compensation provides specific benefits related to the workplace injury, while a third-party claim seeks compensation directly from the person or entity legally responsible for causing the harm.

Whether a separate claim is available depends on who caused the injury and the circumstances surrounding the assault. The rules can also become more complicated when the person responsible is a coworker rather than an unrelated third party.

How a Third-Party Claim Can Affect Compensation

Workers’ compensation does not provide the same types of damages available through a personal injury claim. Depending on the circumstances, a third-party claim may allow an injured worker to seek compensation for losses that workers’ comp does not cover, including:

• Pain and suffering
• Emotional distress
• The full amount of certain lost income or earning losses
• Other damages legally attributable to the third party’s conduct

Receiving workers’ compensation benefits and pursuing a third-party claim does not necessarily mean the worker can recover twice for the same losses. Under North Carolina law, the employer or workers’ compensation carrier may have a subrogation lien against money recovered from the responsible third party. How that lien is handled can affect the amount of the third-party recovery the injured worker ultimately receives.

Can Workers’ Comp Cover the Psychological Effects of Workplace Violence?

When a workplace assault results in a compensable injury, workers’ compensation may cover medical treatment for the physical injuries and provide wage-replacement benefits when the employee is unable to work. A violent incident can also have psychological effects that continue after the physical injuries begin to heal.

When anxiety, post-traumatic stress, or another psychological condition develops as a consequence of a compensable physical injury, related mental health treatment may also be covered. Medical documentation connecting the psychological condition to the workplace injury can be important, particularly when those symptoms affect the worker’s ability to return to the same job or work environment.

Claims involving psychological harm without an accompanying physical injury can be more complicated under North Carolina workers’ compensation law and may be evaluated under different requirements. The circumstances of the incident and the medical evidence therefore matter when determining what treatment and benefits may be available.

Understanding Your Rights After Workplace Violence

An assault does not automatically fall outside workers’ compensation simply because the person who caused it acted intentionally. At the same time, an injury is not automatically covered simply because the violence happened while the employee was at work. The connection between the assault and the employment is what matters.

That can mean looking at why the attack occurred, whether the worker’s duties created a particular risk of violence, and whether the person responsible was a coworker, customer, stranger, or other third party. Those details can determine whether workers’ compensation applies and whether there may also be a separate claim against someone responsible for the assault.

If you were injured in an act of violence at work, Waple & Houk can review what led to the incident, how it was connected to your employment, and what options may be available for pursuing benefits or other compensation.