If you are injured as the result of an assault at work, it can be costly, in terms of your health and loss of earnings. The good news is that there are actions you can take if you are assaulted. These actions can help you get the support you need with expenses that occur as a result of the assault.
In this article, we are going to look at the State Compensation Insurance Fund in California, which is there toprovide cover for employers and employees. We are also going to discuss the potential for taking action against an employer, or a third party, if you are intentionally assaulted.What is workers' comp insurance?
The State Compensation Fund in California is a workers' comp insurance. Workers' comp insurance is a statutory requirement for most employers. Certain small businesses can be exempt, if they have very few employees. The composition of each state's insurance is slightly different but, in general, it's there to benefit both employers and employees. The insurance can cover items such as:
- Loss of earnings.
- Medical expenses.
- Disability benefit.
Having this insurance in place benefits employers because it's a no-fault payout. Receiving a sum from the insurance fund means that an employee cannot sue their employer for negligence. The main benefit for an employee is that they can get some cash without having to file a lawsuit. The problem is that the amount awarded is only for partial wages and partial medical expenses.What about taking action if you are assaulted?
If you choose to do so you go to the civil court to take action against your employer, alleging an intentional tort. You can do this if you think you were caused intentional harm by your employer. If you were the victim of an assault by a third party, you may want to sue that third party. It's worth noting that if you receive workers' comp insurance, and are later awarded compensation, you may have to repay some, or all, of the money you have received. This is why you always need to bear this in mind when deciding whether or not to take action.
You can see why you need to think carefully about the right action to take if you are assaulted in work. It's a good idea to get help from a Los Angeles Personal Injury Attorney. They can put their experience and expertise to use, providing you with the advice and support that you need.
Being assaulted at work can be a real issue. You may suffer both physical and mental injury. You may also find yourself at a financial disadvantage. As you can see, you have different options, when it comes to getting the financial recompense you need. It's always a good idea to get some professional advice, if you want to make sure you are getting the best possible result, in terms of what is best for you and your dependents.