Dealing With An Injury Due To A Workplace Brawl

22 August 2018
 Categories: Law, Blog

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Sometimes if you are in the middle of a situation, the details can become cloudy. Situations can also be legally cloudy when you are dealing with blame and injury. If a fight breaks out at your place of work, your first instinct may be to stop the situation. Helping to break up a fight, especially at work, is an honorable thing to do; however, it can come with consequences. If you are injured while breaking up a fight, this can affect your ability to work for some time afterward. The important thing to figure out in order to be compensated is to understand who is responsible for your injury. Here are a few steps to take after you are injured in a workplace brawl. 

Workers compensation insurance often is responsible

Due to the possibility of injuries to employees during work, all employers must carry workers compensation insurance. If you are injured on the job due to a fight that you broke up, you and your workers comp attorney can submit a claim against the insurance. Generally, the worker's compensation will cover all accidents and injuries by employees who are on the clock at the job site even if the injury is caused by another employee or customer. For this reason, workers compensation will generally cover medical issues or time off of work. 

Discuss a personal claim if the person is a customer

If a customer came inside of the store and started a fight, you have a right to sue them for assault and battery. First, you will need to file a police report of the incident to make sure that there is a formal record. When the police report to your job site, you will have to give them your side of the story and so will any witnesses. If there is a security camera that has a recording of the incident, this can be handed over to the police as proper evidence. Afterward, you and your attorney can rightfully go after the person for any copays and monetary issues you experience because of the fight. 

Avoid a write-up by looking in the manual

Some employees have a rule about conduct that is allowable by their employees. Even if someone else starts a fight, they may have rules regarding how it is to be handled by employees. Get a copy of the employees' manual and rules for your current job position. Make sure to note how you behaved in alignment with the rules so that you can avoid a write-up or any disciplinary issues at after dealing with your injury claim.