While most Illinois work injuries happen from things like lifting injuries, repetitive activities or slip and falls, some happen in ways that most workers could not reasonably expect. I am talking about work place violence.
Although it feels more common today than ever, I have been getting calls about work place violence since I first became an attorney in 1997. There are some common scenarios.
- Co-workers get into a fist fight.
- An angry customer attacks an employee.
- An angry customer or co-worker throws an object without care where it goes to.
- A deranged person off the street comes in and attacks you.
- A criminal robs your place of employment at gun point.
- Your boss rapes you.
And there are of course other ways that work place violence can happen. For it to be an Illinois workers’ compensation claim, you generally have to show that you were not the aggressor and that it happened as part of your job duties.
In other words, if you go up to a co-worker and scream in their face and push them in the chest and they respond by punching you, you were the aggressor and you would not likely get work comp benefits even if you were seriously injured. On the other hand, if you are minding your own business and someone attacks you because they don’t like how you did your job, that would be a case.
For an example like a boss sexually assaulting you, if they call you into a meeting to discuss something about the job, that would be a work comp case. If on the other hand they take you out for a drink and do it at their home, it is still a very gross crime, but your option would be to sue them as well as have them arrested.
For all of these scenarios, as attorneys we are looking to see what your actual injury is. If you get punched in the face and have swelling, but no real injury like a broken cheek bone, it is probably just a criminal matter. If you are robbed at gun point and do not have a physical injury, but have legit PTSD from that terrible experience, that would be a case. In fact, we have helped hundreds of Illinois workers with post traumatic stress from being robbed on the job.
Every one of these cases is fact specific. It requires an attorney who actually knows Illinois work comp law and has handled many similar cases in the past. If you do not go to an attorney like that, you risk not getting the benefits that you deserve.
In many of these cases, you also have the potential of a third party lawsuit. If the company knew your boss had acted aggressively in the past, you may have a right to sue them. If the customer attacks you without provocation, you could also bring an injury lawsuit against them as well. And while technically you could sue a homeless person, if they do not have the means to pay a judgment, it is likely not worth it.
If you call our office (312-346-5578) or start a live chat, you will speak with an attorney, usually right away. We will give you a free case review and help you understand what rights you have under Illinois work comp law. We are pretty direct and honest and will answer any legal questions you have in confidence.