Assault Victim Filing For Disability

An assault victim has several avenues of compensation to follow when filing for disability. An assault is defined as one person harming another person even if there is not a physical contact. The test is whether the victim experiences feelings of being immediately threatened. Assault can also lead to permanent emotional or psychological harm which is much more difficult to prove, but can be longer lasting than physical injuries.

There are a number of different types of assault including assault and battery, assault with a deadly weapon, sexual assault, domestic violence and many others.

Assault on the Job

The laws concerning assault can be quite complex. For example, an employer may be held liable if an employee assaults another employee while they are doing their jobs. In that case, the assault victim who experiences permanent disabling injuries that prevent the ability to work could file a disability claim through workmen’s compensation.

The victim could also possibly sue the employer for not being diligent in protecting employees depending on the circumstances surrounding the case. If you have a disability insurance policy or the employer carries disability insurance on employees, then you can file a claim for disability through the insurance carrier.

Other Sources of Compensation

The Social Security Disability Insurance program (SSDI) will pay a monthly amount to disabled individuals who are unable to work due to the disability. The disability must be medically determinable, and you must have paid into the fund for 20 of the last 40 quarters. Also, this program will only pay the benefits until you are 65 years old and can begin drawing retirement benefits. 

Another source of compensation is state administered Victim Compensation Funds. These claims generally must be filed within one year of the assault and the amount that can be collected is limited. In addition to medical expenses and income losses, the fund may cover expenses related to making home renovations to accommodate a permanent disability incurred due to the assault.

An assault victim may also file a personal injury lawsuit when he or she can prove intentional harm was inflicted and led to permanent disability. The victim can sue the offender and ask for compensation for injuries leading to disability, loss of income, and pain and suffering.

Get Legal Advice

An experienced attorney can help you determine where and how to file for disability compensation. It can be a very complicated and confusing process, and the attorney will diligently work to negotiate with the insurance companies, Social Security, employer and offender to get you the compensation you deserve.