Customer Assault Injuries

North Carolina Customer Assault Injury Attorney

Learn about your right to workers’ comp benefits if you’re injured by a violent customer at work

Workplace violence is an unfortunate reality that affects employees across various industries in North Carolina. From verbal threats to physical assaults, the impact of such incidents can be devastating, leading to serious injuries or even fatalities.

It’s essential for workers to understand that if they fall victim to workplace violence, they may be entitled to workers’ compensation benefits to help them recover.

If you or a loved one suffered a serious injury or fatality after a violent attack at work, our knowledgeable workers’ compensation attorneys can help you get the compensation you deserve. Our compassionate team understands the physical, emotional, and financial toll a workplace assault can take on you and your family. That’s why we’re committed to providing personalized, attentive service to help you navigate the complexities of the workers’ compensation system.

At Wilder Pantazis Law Group, we believe that every worker deserves to be treated with dignity and respect, and we’re here to advocate for your rights and ensure that you receive the benefits and support necessary for your recovery. Contact us today for a free consultation, and let us put our expertise and dedication to work for you.

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What are my rights if I’m assaulted by a customer at work?

If you’re assaulted by a customer at work, you have several rights to protect yourself and ensure your safety and well-being.

Firstly, you have the right to seek immediate medical attention for any injuries sustained during the assault. You should report the incident to your employer as soon as possible, as employers are responsible for providing a safe work environment. This includes filing an incident report and cooperating with any subsequent investigation.

You may also have the right to file a workers’ compensation claim if the assault resulted in a physical injury. Workers’ compensation benefits can cover medical expenses, lost wages, and rehabilitation costs associated with the injury. They can also provide family members with certain death benefits if a worker is fatally injured as a result of a violent attack at work.

In some cases, if the employer failed to provide adequate security measures or ignored known risks, you might have grounds for additional legal action against the employer or the assailant.

Furthermore, you have the right to contact law enforcement and file a police report, especially if the assault involves criminal acts such as battery, theft, or threats. This can lead to criminal charges against the customer and may support your case in any civil or workers’ compensation claims.

Does North Carolina workers’ comp cover injuries from customer assault?

Yes, North Carolina workers’ compensation does cover injuries resulting from customer assaults, provided the assault occurred during the course of employment and was related to the worker’s job duties. However, the assault must also have been deliberate and not accidental or in response to any prior provocation by the employee.

Under North Carolina law, most employees who work for an employer with 3 or more workers are entitled to workers’ compensation benefits for injuries that arise out of and in the course of employment, including physical injuries sustained due to acts of violence like customer assaults.

What should I do if I am physically assaulted at work?

If you are assaulted by a customer at work, it’s important to take the following steps to get compensation:

Seek immediate medical attention. Your health and safety should be your first priority. Even if you don’t think you’re seriously injured, it is crucial to get a medical evaluation, as some injuries may not be immediately apparent.
Report the incident. Notify your supervisor, manager, or human resources department about the assault as soon as possible. Provide a detailed account of what happened, including the time, location, and any witnesses. This report should be made in writing, and you should keep a copy for your records. If you intend to file a workers’ compensation claim, you must notify your employer of your injury within 30 days.
Contact law enforcement. Depending on the severity of the assault, you may need to report the incident to the police. Filing a police report provides an official record of the incident, which can be important for both criminal proceedings and your workers’ compensation claim.
File a workers’ compensation claim. If you were injured during the assault, you may be eligible for workers’ compensation benefits. To get these benefits, you will need to file Form 18 with the North Carolina Industrial Commission to start the claim process.

Because workers’ comp claims for assault can be complicated, you should consider speaking with an attorney who specializes in workers’ compensation before filing your claim. They can provide advice on your rights and help ensure that you receive all the benefits you’re entitled to.

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What you need to know

Get clear, straightforward answers to the questions we hear most often.

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What is the definition of employee assault?

Employee assault refers to an intentional and unprovoked physical attack inflicted on an employee by a customer, client, coworker, or any third party while the employee is performing their job duties. This could involve any unwanted physical contact that causes harm, including hitting, shoving, grabbing, biting, or any form of physical violence.

How common are assaults at work?

According to the National Safety Council, assault is the 5th leading cause of workplace fatalities, with 524 fatalities in 2022 alone. Between 2021 and 2022, workers in the U.S. experienced 57,610 assault-related injuries requiring days away from work.

Which workers have the highest incidence of workplace assault?

Workers with the highest incidence of workplace assault typically include those in public-facing roles or those working in environments where tensions can run high. This includes:

Public transport workers, including bus drivers, subway operators, and taxi drivers, who interact with the public regularly, may face assaults from passengers. According to the Occupational Safety and Health Administration (OSHA), taxi drivers, in particular, are 20 times more likely to be killed on the job than other workers.
Healthcare workers, such as nurses, doctors, and emergency room staff, often face violence from patients or their families. According to the U.S. Bureau of Labor Statistics (BLS), health care and social workers experience workplace violence 5 times more often than workers in other industries.
Social service workers, including child welfare agents, social workers, and mental health professionals, may encounter hostile situations in both office settings and during field visits.
Retail and service industry workers, like store clerks, bartenders, and waitstaff, are susceptible to violence, particularly in establishments serving alcohol or operating late at night.
Law enforcement officers and security guards are tasked with maintaining public order and safety and, therefore, may confront aggressive behavior more frequently.
Educational staff, such as teachers and school administrators, can be the victims of assault, particularly in schools with high incidences of violence.
Airline workers, including flight attendants, pilots, and airport personnel, also face a high incidence of workplace assault. These workers deal with stressed passengers, enforce flight regulations, and manage conflicts on board, which can sometimes lead to physical confrontations or verbal abuse. The confined space of aircraft and the high-stress environment of airports contribute to the risks faced by these employees.