Assault at Work: Workers' Comp and Other Compensation

Assault at work compensation usually comes through workers' comp when the attack was connected to the job, such as a robbery at a store, a patient striking a nurse, or a customer attacking a clerk. Comp pays medical bills and part of your lost wages, and in most states it's the only claim you can make against your employer. If the attack came from a personal dispute brought to work, comp may not apply, but other compensation can.

Situation	Workers' comp, usually?	Other options
Robbery at a store, bank or gas station while working	Yes, it's a risk of the job	Crime victim compensation; a claim against the attacker
Patient, client or student attacks a worker	Yes, in most states	Same
Fight with a coworker about work	Often yes; some states bar the worker who started it	A claim against the coworker
Spouse or ex-partner attacks you at work over a personal matter	Often no, because the motive is personal	Crime victim compensation; a protective order
Random violence at the workplace	Depends on the state	Crime victim compensation

These are general patterns. Each state's courts decide when an assault "arises out of" employment, and the answer can turn on small facts.

Run the comp numbers

If the attack is covered, the benefits follow the usual workers' comp math: a weekly benefit while you can't work, and an award for any permanent loss.

With the defaults, a $900 weekly wage, a 200-week schedule and a 20% rating come to about $24,000 in award, plus about $4,800 for 8 weeks off work. Assaults often cause psychological injuries too. Many states cover them, some only with a physical injury as well.

Crime victim compensation

Every state runs a crime victim compensation program, partly funded by federal grants, for victims and survivors of criminal violence, including drunk driving and domestic violence (34 U.S.C. § 20102). These programs usually pay costs not covered elsewhere, such as medical bills, counseling and lost wages, and many require reporting the crime to police and applying within a set time. They're often a backstop when workers' comp says no.

Suing the attacker or the employer

You can usually sue the person who attacked you, although collecting depends on their assets or insurance. Suing your employer is harder: workers' comp is normally the exclusive remedy against the employer. Some states allow a lawsuit when the employer intended the harm, and a few have broader exceptions.

Employers also have a federal duty to keep the workplace free from recognized hazards likely to cause death or serious harm (29 U.S.C. § 654(a)(1)), which OSHA has applied to workplace violence. That supports a safety complaint, not a damages claim.

What to do after an assault at work

1. Get medical care and report the attack to your employer in writing.
2. Report it to the police, which many victim programs require.
3. Ask for the incident report and write down witnesses.
4. File the workers' comp claim within your state's deadline, even if you're not sure it's covered.
5. Apply to your state's crime victim program if comp is denied or doesn't cover a cost.