Workers in Arizona deserve safe, fair conditions on the job. The last thing to worry about is being attacked and/or physically assaulted—whether by a customer, co-worker, or any other party.
You may be wondering: Can you file for workers’ comp benefits for workplace violence in Arizona? The short answer is “yes—injuries caused by violence in the workplace can be covered under our state’s workers’ comp insurance system. Here, our Phoenix workers’ comp attorney provides a comprehensive guide to the key things that injured employees should know about workplace violence claims and workers’ comp laws in Arizona.
Background: Workplace Violence Happens far Too Often
Workplace violence is a reality that many employees across various industries confront. It can occur in any workplace setting, from corporate offices to construction sites. The Occupational Safety and Health Administration (OSHA) defines workplace violence broadly as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.”
The scope includes a spectrum of conduct from verbal threats to serious physical assaults. It is a real problem. The Bureau of Labor Statistics (BLS) cites data showing that more than 20,000 workplace violence incidents are officially reported nationwide each year.
You Can File for Workers’ Comp Benefits for Work Violence Injuries in Arizona
In Arizona, workers’ compensation law provides that employees injured on the job are entitled to compensation, regardless of who was at fault. The law covers injuries resulting from workplace violence.
An employee who suffers physical harm from an act of violence at work can file a claim for workers’ compensation benefits. These benefits cover medical expenses, rehabilitation costs, and a portion of the worker’s lost wages. Here is the central point to understand about eligibility:
To be eligible for workers’ compensation for workplace violence, the incident must have arisen out of and occurred in the course of employment. In other words, you must have actually been “working” at the time that you were injured due to violence.
As part of a workers’ comp claim in Arizona for workplace violence, a claimant (injured employee) will need to prove both that a covered incident happened (violence in the workplace) and the nature and severity of their injuries. You do not have to navigate the process alone. An experienced Phoenix, AZ workers’ comp attorney can protect your rights and your interests.
A Fault “Exception” May Apply to Violence Cases in Arizona
While the workers’ compensation system is designed to be a no-fault system. As a general rule, injured workers in Arizona are not required to prove that their employer did anything “wrong” in order to qualify for workers’ comp benefits. However, there are exceptions in certain cases, including in some workplace violence cases.
In Arizona, an injured worker may be denied workers’ compensation benefits for workplace violence if they are deemed to be the aggressor in the incident. For example, if a person attacked a co-worker on the job in Phoenix and hurt themselves while doing so, their workers’ compensation claim may be denied on the basis of their conduct.
You May Have a Third Party Liability Claim for Workplace Violence
Beyond workers’ compensation benefits, victims of workplace violence may have grounds for a third-party liability claim. If the violent act was perpetrated by someone other than a coworker or employer—for example, a customer, client, or even a random assailant—the victim may be able to pursue a personal injury lawsuit against that person. These are known as third party liability claims.
A third party liability claim can be filed in addition to a workers’ compensation claim—meaning an injured worker is not required to choose one option or the other. They can pursue both types of claims in Arizona. Third party liability claims are fault-based cases. Through a successful lawsuit against a negligent third party, an injured worker in Arizona can seek financial compensation for the full value of their damages, including for pain and suffering.
Call Our Phoenix, AZ Workers’ Comp Lawyer for Immediate Help
At Snow, Carpio and Weekley, PLC, our Arizona workers’ compensation attorney has the professional and legal expertise that you can trust. If you have any questions about workplace violence injury claims, we are here to help you navigate the process. Call us (877) 370-5788 or contact us online to set up a no cost, no obligation case review. We represent injured workers in Phoenix, Tucson, Yuma, Flagstaff, Lake Havasu, and throughout Arizona.
