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Workers Compensation – Assault & Battery

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Workers Compensation Assault & Battery 

THIS WEBSITE IS THE PRODUCT OF A WORKERS COMPENSATION ATTORNEY AND IS NOT AFFILIATED WITH ANY WORKERS COMPENSATION INSURER.  FURTHER IT IS NOT AFFILIATED WITH THE STATE OF MARYLAND NOR ANY GOVERNMENT ENTITY WITHIN THE STATE OF MARYLAND.  Information contained herein is provided for informational purposes and expresses opinions and information best known at the time it was written.  This information and does not create an attorney to client representation.

If you have been assaulted, battered at work contact Baltimore Workers Compensation Attorney Andrew M. Rodabaugh !   No fee unless money is recovered!

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Workers compensation assault and battery injuries can have a profound impact on an individual

If assaulted or battered the affected employee can require substantial medical treatment or psychological counseling.  In most cases an assault or battery at a Maryland work place will be covered under Maryland workers compensation laws and the injured worker can seek benefits.  In less situations harassment is covered under workers comp in Maryland.

Assault & Battery

There are a number of different scenarios that may involve a Maryland worker being assaulted or battered at work.  There is a legal distinction between Assault and Battery when dealing with these terms in a criminal case..  An batter typically consists of physical contact of one person from another person or group of people.  An assault may be a threat or physical movement that places another individual in fear of injury.  When dealing with workers compensation assault and battery cases may be distinguishable but if there is a physical injury rather than just a psychological component.  If there is only a threat of physical injury in the workers compensation assault then the case would be pursued as a pychological claim rather than a physical injury claim.

Workers compensation assault or batter by a third party that is not a co-worker

If an employee sustains an injury by someone that does not work for the same company they will be entitled to Maryland workers compensation benefits as long as they did not engage in any wrongdoing.  It is arguable whether or not fighting back and defending him or herself is wrongdoing.  Instigating a fight, fights arising from out of work confrontations, and fights while participating in optional after work activities have all been viewed as not covered under Maryland workers comp law.  Before disregarding these cases the workers compensation assault and battery claim should still be discussed with a workers compensation attorney to ensure that there is no legal grounds to pursue benefits. In addition to rights under Maryland workers comp laws, the assaulted employee may also have the right to file a lawsuit against the wrongdoer.  Assaults by individuals working for another employer may create a cause of action against the other employer.  Likewise, the individual wrongdoer is susceptible to being sued.  The problem, is most often these wrongdoers do not have the assets or property to pay for a lawsuit judgment.  For this reason many lawyers avoid bringing suits against individuals unless there is the possibility of recovering from an insurance policy.  Talk to a qualified Maryland workers comp lawyer to discuss the workers compensation assault and battery case as well as a potential 3rd party liability lawsuit. In some instances a homeowner’s policy can be brought into a lawsuit if the assault or battery took place at a residence.  In the event a delivery driver is attacked by a homeowner or homeowners’ pet then the insurance policy provide coverage.

An assault or battery by a co-worker

A workers compensation assault and battery case that arises from a co-worker injuring the employee will usually leave the injured worker with only one remedy- filing a Maryland workers compensation claim.  In very limited circumstances is an employee able to file an actual lawsuit against their employer.  One example of being able to file a lawsuit is when the assault or batter was intentional and willful conduct by a supervisor or agent that specifically intended to injure the employee.  Those who are hurt at work as a result of an assault by a co-worker would have the option to file a lawsuit against the coworker, however, if there are no available assets to attach to satisfy the judgment these efforts could be fruitless.  This is most often the case and for that reason many personal injury attorneys do not handle these claims.  For that reason the injured worker is usually only filing a workers compensation claim.

Harassment

If an employee is harassed or regularly exposed to psychological abuse there may be some legal ramifications for the harasser.  The person harassed may be able to file a workers compensation harassment claim.  Under Maryland workers comp laws if a worker sustains a psychological injury follow up analysis should then consider whether there is any physical injury that accompanies the mental aspect of the injury or is the injury one that is not accompanied by any physical injury.  If there is no apparent physical injury then the mental injury must be susceptible to objective reasoning.  Workers compensation harassment cases are fairly difficult to win but it can be done.  In my experience accidents that lead to only psychological damage will only be covered when there is very traumatic incidents.  Some examples are a 6,000 pound steal beam that fell through the roof and landed next to an office worker, a truck driver involved in a collision which rendered multiple fatalities, or witnesses to shootings while at work. One example of workers compensation harassment case was when an employee was mailed a shoe box with a dead animal inside the shoe box.  When she opened it the carcass was revealed and this led to significant trauma for the young lady. When there is no physical injury the workers comp attorneys refer to these cases as mental-mental. Like any injury sustained at work, it is best for the employee to consult an experienced and qualified workers comp attorney in Maryland. Of note, there may also be some other form of legal cause of action that arises out of harassment at the work place and Maryland workers compensation laws should not be viewed as the sole remedy.  

If you have been assaulted or battered at work contact Baltimore Workers Compensation Attorney Andrew M. Rodabaugh !   No fee unless money is recovered!

Call UsClick to email  or Fill out the Form below!

Mr. Rodabaugh exemplifies the best in our profession.  he is a caring, dedicated, highly regarded, and widely respected attorney.  With Andrew as your advocate you are in excellent hands.  I endorse this lawyer.
Jeff GPersonal Injury Attorney

 

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Workers Compensation Assault and Batter
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Workers compensation assault and battery cases may lead to substantial benefits for the injured worker. Those injured at work from an assault or battery should contact a workers compensation attorney.
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Work Injury Maryland
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