Assaulted at work – can you make a claim?

by Mike on September 11, 2017

Assaulted at work – can you make a claim?

Being assaulted at work is not just an issue in terms of your health; you can end up losing out financially; especially if you have to take time off as a result. But, there is something you can do, to help you out of a difficult situation.

If you live in California, you may be able to get help as a result of the provisions of the State Compensation Insurance Fund. The fund exists to provide financial protection for both employers and employees. You may also want to contact a Los Angeles Personal Injury Attorney , with a view to suing for compensation.

Receiving help from the State Compensation Insurance Fund

This fund is a form of workers’ comp insurance. Most employers have to opt in to this type of cover; only some small businesses may be exempt from doing so. The insurance is intended to provide protection for the employer and for their employees. Payouts from the fund can cover:

  • Earnings that have been lost.
  • Medical costs that have been incurred.
  • The provision of disability benefit.

There are pros and cons to receiving money from the fund. The amount of money you receive only covers part of the money you have lost. Receiving money also means that you cannot receive money a lawsuit in respect of the assault. The money is given as a no-fault payout. But, you do save on all of the costs you could incur if you decided to file a lawsuit instead.

Deciding to take legal action

You may decide that the best option is to file a lawsuit. You can take action against your employer, or a third party, if you think either intentionally caused you injury. As we mentioned earlier, you cannot receive a payment from the State Compensation Insurance Fund, and compensation from a law suit. This means that if you have already received money from the fund, you may be required to pay it back if compensation is awarded. If you need help making a decision about whether to take legal action, you should speak to a legal professional who specializes in personal injury claims.

Being assaulted at work can be a traumatic experience. Being financially disadvantaged as a result only makes things worse. You have the worry of not being able to provide for your family on top of the concerns regarding your recovery. As you can see, you do have options when it comes to securing financial assistance. You can choose to receive money from the State Compensation Insurance Fund, or you can decide to file a lawsuit against your employer, or a third party. You want to make sure that you make the right financial decision for you and your family. It’s often a good idea to seek professional advice, before you make the final decision regarding what action you should take.



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