If you have been injured as a result of a fight at your place of work, you may be wondering if you are still entitled to workers’ compensation benefits.
From machine accidents to fall accidents, there are many ways you can get injured while working. Generally, you are entitled to workers’ compensation when you suffer a work-related injury. However, you may find yourself injured due to a fight at the workplace. And if that happens, you may be wondering if you are still eligible for compensation. Let’s discuss fights at the workplace and how you can get compensation.
Who Is at Fault if Another Employee Assaults You?
Missouri has a no-fault workers’ compensation system. Meaning, you are generally entitled to benefits regardless of the cause of your injuries. However, to qualify for compensation in a physical altercation, you must prove you were assaulted when doing work-related duties.
Are you wondering whether fighting falls under work-related duties? In truth, there are genuine work-related conflicts, which may turn into fights. To illustrate, a violent coworker may start a fight after asking you to pass them a tool. How you explain what happened could determine whether you qualify for compensation or not.
Fights That Could Disqualify You from Compensation
When you are assaulted at work, you could get compensation if the altercation occurred within the scope of your employment. However, fights that happen during scheduled work breaks may not be covered.
Additionally, you may not be eligible for compensation if your fight resulted from office horseplay. In general, horseplay does not fall under work-related duties.
Can the Insurance or Your Employer Deny Your Claim?
Your employer or their insurer can try to devalue or deny your claims through the following ways:
- When you argue with your co-worker at the worksite and fight over the same issue after work, the insurance company may argue the fight was not work-related.
- When you are injured in a hotel fight while on a business trip, the insurance company or employer may claim you abandoned your duties.
- If the dispute was about religion or racism, the insurance company might argue that the conflict that led to your injuries had a personal element.
- The insurance company may claim you were the instigator to disqualify you from compensation.
How Do You Prove the Fight Was Work-Related?
Is the insurance company claiming the fight was not within the scope of your job? If so, the following evidence can help you prove your case:
- Human resource records showing the history of physical or verbal abuse from the other worker.
- Statements from workers who witnessed the fight
- Camera footage can show how the fight started. Cameras with audio can go a long way in shedding light on the dispute that led to the fight.
- Medical records may also help show how your injuries happened.
Speak WIth a Missouri Workers Compensation Attorney
Getting the solid evidence you need to convince the insurance company a fight was work-related can be daunting. Our experienced Missouri workers’ comp attorneys can help you prove your claim has merit. Call us 24/7 to schedule a free case evaluation.
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