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Workers’ compensation and physical altercations at work

On Behalf of Newbern Law Firm | Feb 22, 2024 | Industrial Accidents |

The U.S. Bureau of Labor Statistics reports that in 2022, 209 Georgia workers died on the job. Intentional injury by another person caused 18% of these mortalities.

Most physical altercations in the workplace do not result in death. However, they can cause injuries and emotional distress that may qualify those involved for workers’ compensation.

Scope of employment

To be eligible for workers’ compensation benefits, injuries from a fight must have occurred within the scope of employment. This means that the physical altercation must have arisen out of and in the course of the employee’s work duties. If the fight was for personal reasons and unrelated to work, workers’ compensation may not cover it.

Aggression vs. self-defense

Another important factor is the role of the employee in the altercation. If the employee was the aggressor and initiated the physical contact, he or she may not be eligible for workers’ compensation benefits. But, if the employee received injuries in self-defense or in defense of others, worker’s compensation benefits may be appropriate.

Emotional distress

Georgia does not allow workers’ compensation for emotional distress alone. For example, if you experience severe anxiety or depression after a fight at work, you may not file a claim unless you also received physical injuries.

Employer policies

Employers often have policies in place about workplace violence. Workers who violate these policies by getting into fights may face disciplinary action, and their behaviors may influence their workers’ compensation claims. However, when employees break the rules for morally justifiable reasons, they may still be eligible for benefits.

As with any workers’ compensation claim, employees must provide evidence of their injuries such as witness statements, medical records and other documentation to support the claim. Minor injuries that do not need medical treatment are generally not eligible for compensation.

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