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Violent Incident Raises Questions About Coverage For Workplace Injury

Coral Springs Workers Comp injury

Most jobs in Florida are required to carry workers’ compensation insurance for their employees. This type of coverage is available to pay for the medical expenses and a portion of lost wages that result from an accident at the workplace. A recent Florida case raises questions about whether an injury at work might be covered if it is caused by violence. If you have been injured in this way at your place of employment and wonder whether it will qualify as a Coral Springs Workers Comp injury, you should talk to Evan M. Ostfeld, Esq. right away. He is an experienced Coral Springs Workers’ Compensation lawyer with over 27 years in handling these injury matters. 

Coral Springs Worker Assaulted by Patron

A 33-year-old Subway employee was making a sandwich for a female customer. After she placed the bread in the oven, the customer demanded that the employee change her gloves. The worker complied but told the woman that she could have asked politely. The customer thereafter went ballistic, entered a prohibited area of the store where the employee was working and made threats. The employee attempted to push the customer away out of fear but was attacked.

A fellow co-worker attempted to intervene to stop the altercation, but to no avail. Fortunately that employee found a good Samaritan to assist and he was able to stop the customer’s vicious assault. The perpetrator then fled the establishment before the police arrived. The worker sustained several injuries, including swelling around her face, a broken finger, neck and back pain. Fortunately, the Coral Springs Police Department found the customer who admitted to the attacked but claimed it was justified. Due to the nature of the assault and the fact that the assailant entered an area prohibited to customers that included a cash register, she was arrested and charged with battery and burglary. She was promptly arrested and booked at the Broward County Main Jail. 

Workers’ Compensation and Violence On-The-Job

Unfortunately, workplace attacks are all too common. In the example above, the sub shop  worker should receive at least medical care paid for by her job’s workers compensation insurance company. If however there is a fight is between two employees, it’s not so clear who will receive benefits. That’s because according to the Florida Workers Compensation Act, the aggressor in the altercation is not covered under the law for any type of benefits. As such, one person’s case will get denied. Even if you did not start the fight, the Employer and Insurance Company may claim that you did in order to avoid paying the claim. Consequently, you’ll need someone to “fight” in your corner like The Law Offices of Evan M. Ostfeld.  

Learn more about Your Rights By Talking to a Coral Springs Workers Compensation Lawyer

The Florida workers’ compensation system is very complicated, especially when you are the victim of an assault at the job. If you are unsure about whether your claim will be covered, contact us as soon as possible. In these types of matters, one should not wait and see what the Employer and their Insurance Company will do. Evan and his legal team provides a confidential, no-obligation case evaluation. Moreover, there are no attorney’s fees and or costs unless there is settlement or court award. Call us today at (866) I SUE YOU, (478-3968), (954) 227-7529 or text to (954) 998-0075 so you’ll be informed of your rights. We are here to help!

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