You might think that if you're injured in a fight at work, there's no way you'd be entitled to receive workers' compensation benefits. After all, according to Louisiana law, workers' compensation benefits are only payable for accidental injuries that happen in the course of your employment, and a workplace brawl is certainly not part of anybody's workday routine. Right?
Surprisingly, it depends.

Let's get one thing out of the way. If you are the one who starts the fight, it's extremely unlikely you'll be able to collect workers' compensation benefits for your injuries caused by the very fight you started. Workers' compensation is for accidental injuries you suffer while doing your job. It's not for injuries that have nothing to do with your work, such as those that happen as a result of horseplay, a lunchtime pick-up basketball game, being intoxicated while on the job – or an office brawl.
That said, if the fight happens to you – if a co-worker out of nowhere decides to haul off and hit you – you may be entitled to workers' compensation benefits for your injuries, even if you fought back in an effort to protect yourself.
That's not to say that your employer won't try to deny the claim. They're likely to argue that both you and your co-worker were equally responsible for the fight and should both be denied workers' compensation benefits as a result. But if you're able to prove, for example, with testimony from other workers, that you did not instigate the fight, your claim may eventually be approved.

The Delsa Law Firm, LLC, Can Help You With Difficult Workers' Compensation Claims
Not every workers' compensation claim is cut-and-dried. Sometimes, there are unusual circumstances behind a workplace injury that will prompt an almost immediate rejection of your claim by your employer or their workers' compensation insurer. When that happens, you need the help of the Delsa Law Firm, LLC. Attorney Ben Delsa has been fighting for the workers' compensation rights of Louisiana employees for years. He understands how hard the insurance companies will work to deny valid workers' compensation claims and knows how to fight for his clients to get them the benefits they deserve.
If you've been injured in a workplace accident or have a workplace-related illness, call the Delsa Law Firm, LLC, at (985) 882-1222 or use our online contact form to schedule a consultation. Our offices are conveniently located just off of I-12 in Slidell, not far from the intersection of Interstates 10, 12, and 59.
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