Should I Claim Workers’ Compensation If I’m Assaulted at My Job in Tennessee?
Are you worried about the safety of your workplace? Unfortunately, workplace violence is becoming more common, and it can cause physical harm and emotional trauma to employees.
In 2020 alone, the US Bureau of Labor Statistics (BLS) recorded 392 workplace homicides and a shocking 37,060 nonfatal injuries caused by intentional harm to employees while on the job. In Tennessee, if you’re assaulted at work, you may be able to file for workers’ compensation benefits.
But, if you’re a victim of an assault at work, you do have options available. Tennessee’s no-fault, state-run workers’ compensation system provides benefits to workers who are injured while performing their job duties. It can help with medical treatment costs and lost wages, but it doesn’t provide compensation for emotional distress or pain and suffering. Let’s talk about workers’ compensation and other legal remedies that you might want to consider after a workplace assault.
What does workers’ compensation cover in Tennessee?
In Tennessee, workers’ compensation coverage includes two parts: medical care benefits and partial wage replacement benefits:
- Medical care benefits: This covers the costs of medical treatment necessary for an employee’s recovery from a work related injury or illness. This includes doctor’s visits, hospital stays, surgery, medications, rehabilitation, and other necessary medical expenses. These costs are typically paid for by the workers’ compensation insurer directly to the healthcare provider.
- Partial wage replacement benefits: This is intended to assist employees who are unable to work or who must work reduced hours due to their injuries sustained on the job. In partial wage replacement cases, workers’ compensation can provide temporary disability benefits, which offer a portion of the employee’s lost wages during their recovery period. The amount of these benefits is based on the employee’s average weekly wage before the injury occurred.
To give you an example, let’s say a salesperson is assaulted while on the job in Tennessee and needs medical treatment, such as surgery and physical therapy, to recover from their injury. Workers’ compensation would cover the cost of these medical expenses. If the worker is unable to work while they recover, they may be eligible for temporary disability benefits to partially replace their lost wages.
Who is at greatest risk of a workplace assault?
For the last few years, the news has focused on airline employees as victims of unwarranted and violent assaults, but the greatest risk is actually to healthcare workers: “employees at hospitals, nursing homes, and residential care facilities missed work because of violent incidents far more than employees from any other industry,” according to MedPage Today. Per the BLS, other industries whose workers may face increased risk of violence include:
- Education
- Transportation
- Construction
- Production
- Sales
- Management (business, financial)
To this list, we would add anyone in the service or hospitality industry (including servers, bartenders, and hotel workers), people who work in mental health, and – for good reason – law enforcement.
What’s the difference between workers’ compensation and filing a personal injury lawsuit?
Workers’ compensation benefits may not fully compensate an employee who has been a victim of workplace violence for the harm they’ve suffered. In cases of physical assault on a shift worker, workers’ compensation benefits may cover medical expenses and partial wage replacement benefits while the employee is unable to work. However, this doesn’t address the emotional trauma and pain and suffering caused by the assault.
Moreover, if the assault was intentional or due to the negligence of a third party, such as inadequate security measures in the workplace, the injured worker may also be able to file a personal injury lawsuit in addition to their workers’ compensation claim. This could allow them to seek compensation for pain and suffering, emotional distress, and other losses that aren’t covered under workers’ compensation.
It is crucial for the injured worker to consult with an experienced attorney who has experience in both personal injury and Tennessee workers’ compensation laws to advise you on your best course of action.
What to do immediately after a workplace assault in Tennessee
The following are the immediate steps to take, if possible, after a workplace assault:
- Contact emergency services: If you have been physically assaulted, your safety is the top priority. Call 911 or your local emergency services immediately.
- Notify your employer: Let your employer know about the incident as soon as possible. This is important for both legal and safety reasons.
- Seek medical attention: Even if you don’t feel seriously injured, it’s important to get a medical evaluation after an assault. This can help identify any hidden injuries and provide documentation for your case.
- Document the incident: Record everything you remember about the incident, including the time, date, location, and any details about the perpetrator. Take photos of any injuries or damage to property.
- Gather witness statements: Gather the full legal names and a reliable form of communication, be it a phone number or a primary email address, from any available witnesses. With the witness’ permission, record their account of events on your smartphone.
- File a police report: If you haven’t already done so, file a police report about the incident. This can provide important evidence for your case and help hold the perpetrator accountable for their actions.
- Keep records: Keep all records related to the incident, including medical bills, police reports, and correspondence with your employer and insurance company. This can help support your case and ensure that you receive the compensation you deserve.
- Consult with a personal injury attorney with experience in Tennessee’s workers’ compensation laws: For a team of experienced personal injury attorneys with expertise in Tennessee Workers’ Compensation Law, consider scheduling a free consultation with us at Rocky McElhaney Law Firm. Also visit our website and view our team’s extensive credentials. Our dedicated and tenacious Tennessee attorneys can help you understand your legal options and guide you through the process of seeking compensation for your injuries.
All Tennessee workers should understand the reality of workplace assault. Don’t delay in seeking legal counsel if you have been assaulted while on the job. Call or contact the trusted attorneys at Rocky McElhaney Law Firm today to schedule your free consultation at one of our offices in Nashville, Hendersonville, or Clarksville.
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