New York Workplace Assault Laws
Not many people truly enjoy going to work. Working is often stressful and not many people are paid what they are worth. On top of that, being at work can be downright dangerous. Workers are prone to assaults by disgruntled co-workers and angry customers.
But what happens when a person is injured by a workplace assault? There are statewide employment laws in place to help guide injured workers. For example, under Workers’ Compensation Law Sec. 21(1), an injury that arises in the course of employment is presumed to have arisen out of employment as well. This means that when the injury stems from an assault, as long as there is any nexus, even a slender one, a victim may be awarded compensation.
Retail workers are especially prone to attacks from angry customers. Under Section 120.19, a person is guilty of assault on a retail worker when they cause physical injury to a retail worker and they knew or should have known that the victim was a retail worker. A retail worker is defined as someone who works in a retail establishment. A retail establishment is defined as a physical business that sells goods, merchandise, or services directly to consumers.
Here are a couple cases that show New York workplace assault laws in action.
Seymour v. Rivera Appliances, 28 N.Y. 2d 406 (N.Y. 1971)
The worker’s only relationship with the person whose husband ended up killing him was as a co-worker. The worker became involved in a quarrel. He was not the aggressor, and he would not have become involved had his employment not exposed him to it.
Rosen v. First Manhattan Bank, 641 N.Y.S. 2d 455 (N.Y. 1994)
A worker died in an 18th floor stairwell that was not technically part of the employer’s premises. However, the victim was initially approached by his attacker, a coworker, in the lobby of the building, and the two men rode the elevator together. This evidence supported the conclusion that the assault was rooted in the employer’s premises.
Timperio v. Bronx-Lebanon Hospital, 220 N.Y.S. 3d 654 (N.Y. 2024)
An assault occurred in the course of the worker’s employment, thereby triggering the Workers’ Compensation Law Sec. 21(1) presumption. There was also no evidence of the motivation for the assault. There was also no indication of a prior relationship between the assailant and the worker. It was known that they never worked together.
Contact Us for More Information About Workers’ Compensation Benefits
People should be safe and free of physical or mental violence while at work. When this doesn’t happen, workers should know about the laws and protections they have.
A White Plains workers’ compensation lawyer from The Law Office of Michael Lawrence Varon can help you obtain compensation for damages caused by an assault at the workplace. Schedule a consultation today by filling out the online form or calling (914) 228-1770.
Sources:
workerscompensation.com/daily-headlines/3-cases-on-the-slender-nexus-n-y-requires-between-assault-job/
nysenate.gov/legislation/laws/PEN/120.19
