A Richmond, VA-based lawyer with over three decades of experience, Claire C. Carr serves as a partner at the multi-practice legal firm Kalbaugh, Pfund & Messersmith, P.C (KPM Law). She joined KPM Law as an insurance defense litigation attorney and later established its Workers’ Compensation department, for which she defends various clients against workers’ compensation claims. Circumstances wherein an employee files a claim for injuries sustained from an assault while in the workplace can be tricky. Under the Virginia Workers' Compensation Act, any injury received in a work environment must arise out of and in the course of employment for workers’ compensation benefits to be awarded. The burden of proof falls on the employee, who must provide the connection between the incident and their employment and that a risk of their employment environment caused their injuries. The same is true of injuries due to assaults on the job. Regarding an assault claim, the employee must present evidence that the assault to their person was directed at the employee in his capacity as an employee and not as a result of some personal vendetta or a personal assault on the employee in his personal or individual capacity. In other words, the fact that an employee is assaulted while he or she is at work does not automatically mean the claim is compensable. The assault must still arise out of the nature of the employee's work for it to be compensable under the Virginia Workers' Compensation Act. For example, an assault by an angry customer against a store employee over a dispute involving a transaction is likely compensable. By contrast, an assault by a jealous ex-spouse against the employee which has nothing to do with the job is not compensable, even if the angry spouse attacked the employee when she was on the job.

1. Burden of Proof on Claimant in
Assault-related Workers’
Compensation
Claire C Carr

2. Introduction
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3. A Richmond, VA-based lawyer with over three decades of experience, Claire C. Carr serves
as a partner at the multi-practice legal firm Kalbaugh, Pfund & Messersmith, P.C (KPM
Law). She joined KPM Law as an insurance defense litigation attorney and later
established its Workers’ Compensation department, for which she defends various clients
against workers’ compensation claims.

4. Circumstances wherein an employee files a claim for injuries sustained from an
assault while in the workplace can be tricky. Under the Virginia Workers'
Compensation Act, any injury received in a work environment must arise out of and
in the course of employment for workers’ compensation benefits to be awarded.
The burden of proof falls on the employee, who must provide the connection
between the incident and their employment and that a risk of their employment
environment caused their injuries. The same is true of injuries due to assaults on the
job.

5. ● Regarding an assault claim, the employee must present evidence that the
assault to their person was directed at the employee in his capacity as an
employee and not as a result of some personal vendetta or a personal assault
on the employee in his personal or individual capacity. In other words, the fact
that an employee is assaulted while he or she is at work does not automatically
mean the claim is compensable. The assault must still arise out of the nature of
the employee's work for it to be compensable under the Virginia Workers'
Compensation Act. For example, an assault by an angry customer against a
store employee over a dispute involving a transaction is likely compensable. By
contrast, an assault by a jealous ex-spouse against the employee which has
nothing to do with the job is not compensable, even if the angry spouse
attacked the employee when she was on the job.
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