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Can I Get Workers’ Comp if I Was Assaulted at Work?


Employees who suffer injuries at work are entitled to file a claim for workers’ compensation benefits.  While most workers file claims for injuries that were the result of workplace accidents, benefits are also available for employees who have been assaulted by co-workers or customers. In this blog, we tell you what you need to do to file a workers’ compensation claim if you were attacked at work.

Proving Your Assault

You will be required to provide proof that the injuries you sustained in the attack occurred while you were performing work-related duties. Some states actually require the claimant to prove that the motivation for the attack was a direct result of their job. This is why it is crucial to collect as much evidence as possible to establish the events that contributed to the assault.

Who Is at Fault?

You can still be eligible for workers’ compensation if you were at fault for a work-related injury. However, when it comes to assault injuries, you can be denied benefits if you are found to be the aggressor who initiated the attack.

How Do I File a Claim?

After you have been assaulted at work, it is crucial that you immediately seek medical treatment for any injuries you sustained. Ask your doctor to document your injuries and medical expenses, this will be valuable information when you have to file your claim.

Once you have received treatment from a doctor, you will need to let your employer know about the assault and your subsequent injuries. You should also complete an incident report to document the fact that your injuries were reported to your employer. After you complete an incident report, ask your employer for the forms you will need to file a claim for workers’ compensation benefits.

San Antonio Workers' Comp Attorney

At The Law Office of George P. Escobedo & Associates, PLLC, our legal team is here to assist injured workers throughout Texas. We understand how distressing it is to suffer an injury at work, and we are prepared to fight for your rights. Let us review the details of your case and provide you with the legal advice that you need to secure a favorable result.

Call (210) 807-2178 to request your free consultation with a workers’ compensation lawyer in San Antonio. Our legal team is here to serve you 24 hours a day, 7 days a week.

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