I was assaulted at work. A recently hired co-worker lost control of himself and punched me. Do I have a claim against my employer for hiring someone unstable?
The short answer is yes. As long as the assault occurred at work during business hours, the claim for benefits is valid. McGrinder v. Sullivan, 290 N.Y. 11 (1943). The case becomes slightly more complicated when the incident occurs after hours. Then the claimant must show the assault was part of a “continued altercation” which carried over from the job. Craig v. Jefferson Auto Painting Co., 33 A.D.2d 526 (3d Dept. 1969).
Your employer’s compensation carrier will cover your medical bills and pay you lost wages while you recover from your injuries. You still have to notify your employer within 30 days after the accident. You then have two years to file a claim with the Compensation Board. But the sooner you notify the Board and your employer, the sooner your benefits will start. Depending on the type and severity of your injuries, you may be entitled to a settlement at the conclusion of your Compensation case. For example, an injury to a body limb, scarring, or loss of senses can result in an award. NY Worker’s Compensation Law section 15(3).
Bringing a claim against a co-worker is covered in a later post.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.