You may and you may not be entitled to North Carolina workers’ compensation benefits if your injuries were caused by assault at work. If you are assaulted while at work, your eligibility of benefits will depend on the cause of the assault.
According to the Industrial Commission, “Businesses complying with the [Workers’ Compensation] Act and their employees may not be sued in the Courts by employees for work-related injuries, except for intentional assaults and conditions so grossly unsafe as to make injury substantially certain.”
Injured workers who were hurt through an assault that developed over an argument concerning work may be entitled to NC workers’ comp benefits. If employees are involved in an assault over matters not relating to their employment, the injured victim will not be eligible for NC workers’ comp benefits; however they may be able to file a personal injury lawsuit directly against the assaulter.
If another employee accidentally hurts you—not an assault incident—while carrying out duties as part of your employment, injuries sustained from this type of workplace accident are compensable.
Workers’ comp lawyers in Raleigh, Fayetteville and Dunn with Brent Adams & Associates help injured workers file new claims and appeal denied workers’ comp claims. Contact our workers’ comp lawyers for a free consultation to review your work injury assault case today.