While all workplaces strive to be civil environments, it's only natural not everyone will get along. Disagreements on the job are not uncommon, but when they escalate into physical altercations, the matter becomes far more serious. Below, the worker’s comp and personal injury attorneys at Gregory S. Young Co., LPA in Cincinnati, Ohio, share a few facts to know about collecting worker’s compensation after an on-the-job altercation.
A Personal Injury Attorney on What to Know About Collecting Worker’s Comp After a Workplace Fight
1. Most Work-Related Injuries Are Potentially Eligible
So long as an employee sustained the injury in question on the job, they can seek worker’s compensation. Whether or not their claim is approved, however, will differ from case to case. In the event of a fight, an injured party can file a claim, but the details of the altercation (specifically, the claimant's role in the fight and the nature of the dispute) will ultimately play a role in determining whether coverage is granted.
2. The Instigator of the Fight Is Usually Not Covered
Ohio worker’s comp laws generally do not extend to the individual who started the fight. The instigator is usually considered to be the one who first escalated the fight to a physical level, such as throwing the first punch or first putting their hands, in some way, on the other party. In other words, the victim in the fight is normally eligible, but the one who started it is not.
3. The Cause of the Fight Must Be Related to Work
Two employees who duke it out over personal squabbles or private hostilities won't find a lot of options for worker’s comp. The nature of the fight itself must be job-related, and anyone filing a claim in such a situation should be prepared to prove this. Ohio law typically requires a claimant who was injured in a fight establish the alternation was a work issue and they were not the instigator; if these two components are satisfied, then a claim for a workplace fight is often approved.
If you've been injured in a fight at work, trust the personal injury attorneys at Gregory S. Young Co., LPA to look out for you. Since 1958, they have been representing clients in Ohio and Kentucky in worker’s comp, personal injury, and auto crash cases. Call (513) 721-1077 24/7, visit them online, or message them on Facebook or Twitter to schedule a free consultation today.