Do I need to press charges or get a police report to receive workers’ comp benefits?

No. Workers’ compensation benefits do not require criminal charges. You should report the incident to your employer and seek medical care, but benefits may apply even if police are not involved or charges are not filed.

Is a nurse attacked by a patient covered by workers’ compensation in Illinois?

Yes. Patient-on-nurse assaults are typically covered when the nurse is performing job duties or is on the job site in the course of employment. This may include ER, psych, inpatient, and long-term care settings.

Are correctional officers, sheriffs, and jail staff covered if assaulted by an inmate?

Yes. Assaults by inmates or detainees are commonly compensable for correctional officers, sheriffs, and jail staff when the incident is connected to job duties such as supervision, transport, restraints, or enforcement.

Are teachers covered if assaulted by a student at school?

Often, yes. When a teacher or school employee is assaulted while supervising students or performing work duties, the injury may be covered under Illinois workers’ compensation.

Are security guards covered if assaulted while working?

Yes. Security guards injured during disturbances, removals, or enforcement activities may be covered when the assault is connected to job duties or the workplace environment.

Does workers’ compensation cover PTSD or anxiety after a workplace assault?

It can. Psychological injuries such as PTSD, anxiety, and depression may be compensable when they are caused by a workplace assault and supported by appropriate medical documentation.

What benefits can I receive after a workplace assault injury?

Benefits may include medical treatment, temporary total disability (TTD) wage replacement while you cannot work, and permanent disability benefits if injuries cause lasting impairment. In severe cases involving permanent total disability, lifetime benefits and future medical care may be available.

When might a workplace assault not be covered by workers’ compensation?

Coverage may be disputed if the assault is purely personal and unrelated to work, occurs off the clock and off premises without a work connection, or involves circumstances insurers argue fall outside employment. These cases are fact-specific.

What should I do immediately after being assaulted at work?

Report the incident to your employer as soon as possible, seek medical care immediately (including mental health treatment if needed), document symptoms and treatment, and consider speaking with an Illinois workers’ compensation lawyer if the claim is denied or minimized.

Does Workers’ Compensation Cover Workplace Assaults in Illinois?

Q: Does workers’ compensation cover workplace assaults in Illinois?

Yes. Illinois workers’ compensation generally covers workplace assaults when the injury arises out of and occurs in the course of employment, such as assaults by patients, inmates, students, customers, co-workers, or members of the public.

Illinois workers’ compensation covers workplace assaults and violent attacks when an employee is injured because of their job duties or work environment. Under the Illinois Workers’ Compensation Act, employees in Chicago and across Illinois who are assaulted by patients, inmates, students, customers, delivery recipients, or members of the public may be entitled to full benefits, including medical treatment, temporary total disability (TTD), permanent disability, and lifetime workers’ compensation benefits in catastrophic cases. Coverage applies even if no criminal charges are filed, the attacker suffers from mental illness, or the employer claims the violence was “part of the job.”

Workplace violence claims are common in Chicago hospitals, schools, restaurants, correctional facilities, and delivery jobs, where employees face elevated risk due to constant public interaction. We represent workers every year from Rush Hospital, Northwestern Medicine, Amazon, UPS, and Chicago Public Schools, for example, who are attacked at work.When a job places a worker at increased risk of assault, Illinois law generally treats resulting injuries as compensable workers’ compensation claims, regardless of fault or intent.

What Is Considered a Workplace Assault Under Illinois Workers’ Compensation?

A workplace assault is any act of physical violence that causes injury and is connected to employment. Under the Illinois Workers’ Compensation Act, an injury is compensable when it:

Arises out of employment (the job exposed the worker to the risk), and
Occurs in the course of employment (the worker was performing job duties or on the job site).

Workplace assaults may include:

Punching, kicking, or beating
Stabbings or attacks with weapons
Strangulation or being thrown to the ground
Violent restraint incidents

Illinois workers’ compensation is a no-fault system. The injured worker does not need to prove negligence or intent.

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Jobs Most Commonly Affected by Workplace Violence

Certain professions face significantly higher risks of assault due to the nature of their work. Illinois workers’ compensation frequently applies to assaults involving:

Nurses and Healthcare Workers Attacked by Patients

Nurses, CNAs, technicians, and hospital staff face elevated risks of assault from patients and residents, particularly in emergency departments, psychiatric units, and long-term care facilities.

Nurse Attacked by a Patient at Work – Illinois Workers’ Comp Rights
https://mcharguelaw.com/workers-compensation/nurse-attacked-by-a-patient-at-work-what-happens-under-illinois-workers-compe/

Chicago Nurses Attacked by Patients – Hospital Violence and Workers’ Compensation Laws
https://mcharguelaw.com/workers-compensation/chicago-nurses-attacked-by-patients-hospital-violence-illinois-laws-and-workers-compensation/

Prison Guards, Correctional Officers, and Sheriffs

Correctional officers, jail staff, and sheriffs routinely face violence from inmates and detainees. Assaults during restraints, cell extractions, or transport are typically compensable.

Security Guards

Security guards are frequently assaulted while enforcing rules, removing trespassers, or responding to disturbances. These attacks often arise directly from job duties.

Teachers and School Employees

Teachers and school staff may be assaulted by students, particularly in special education, behavioral intervention, or disciplinary settings. When violence occurs during supervision, instruction, or classroom management, Illinois workers’ compensation benefits may apply.

Teachers Attacked at School – Workers’ Compensation After Student Assaults
https://mcharguelaw.com/workers-compensation/teachers-attacked-at-school-workers-compensation-after-assaults-and-student-altercations/

Delivery Drivers and Customer Location Assaults

Delivery drivers face unique risks when entering customer properties, apartment buildings, and commercial locations. Stabbings, robberies, and violent altercations during deliveries often qualify for workers’ compensation benefits when the job placed the worker at increased risk of violence.

Delivery Driver Killed, Worker Injured in Oswego Chick-fil-A Stabbing – What Chicago-Area Workers Need to Know
https://mcharguelaw.com/workers-compensation/delivery-driver-killed-worker-injured-in-stabbing-at-oswego-chick-fil-a-what-chicago-area-workers-need-to-know/

Chicago Workplace Assaults and Local Workers’ Compensation Risks

Workplace violence is an escalating concern in Chicago and Cook County, particularly for employees in restaurants, hospitals, schools, jails, and other public-facing jobs. A recent Chicago workplace attack in Pilsen, where a restaurant waitress was violently assaulted while working, highlights how quickly routine job duties can turn dangerous—and how these incidents often qualify for workers’ compensation benefits under Illinois law.

Chicago Workplace Attack Caught on Camera – ABC7 Chicago
https://abc7chicago.com/post/chicago-crime-women-attack-waitress-el-taco-azteca-restaurant-pilsen-cermak-road-incident-caught-camera/16148208/

Incidents like this are not isolated and frequently form the basis of valid Chicago workers’ compensation claims for assault injuries, even when the attacker is a customer, restaurant patron, or member of the public.

Does Workers’ Comp Cover Assaults by Patients, Inmates, or Students?

Yes. Illinois workers’ compensation covers assaults by third parties—including patients, inmates, students, customers, or visitors—when the assault is related to employment.

Coverage applies even when:

The attacker has mental illness
The attacker is a minor or student
No criminal charges are filed
The employer claims the violence is “part of the job”

The focus is on whether the job placed the worker at increased risk of violence.

What Benefits Are Available After a Workplace Assault?

Workers’ compensation benefits may include:

All medical care, including surgery, rehabilitation, and mental health treatment
Temporary Total Disability (TTD) payments while unable to work
Permanent Partial Disability (PPD) benefits
Permanent Total Disability (PTD) benefits
Lifetime weekly payments and future medical care in catastrophic cases

Psychological injuries such as PTSD, anxiety, and depression are compensable when directly caused by a workplace assault.

Real-World Example: Assault Resulting in Lifetime Benefits

Our firm recently represented a healthcare worker brutally assaulted while performing job duties. The attack caused a traumatic brain injury and severe PTSD that permanently ended her ability to work.

The insurance company denied the severity of the injuries.

We took the case to trial—and secured lifetime workers’ compensation benefits and full future medical care after the worker was found permanently and totally disabled.

When a Workplace Assault May NOT Be Covered

Workers’ compensation may not apply if:

The assault was purely personal and unrelated to work
The incident occurred off the clock and away from work
The injured worker initiated the violence

These cases are highly fact-specific and often disputed by insurance companies.

Chicago Workplace Assaults and Local Risks

Workplace violence is especially prevalent in Chicago and Cook County, where employees in hospitals, jails, schools, and public-facing roles face heightened risk. You may be entitled to medical treatment, wage replacement, permanent disability benefits, and—in severe cases—lifetime workers’ compensation benefits, even if no criminal charges are filed.

For Chicago-specific analysis involving hospital assaults and nurse safety laws, see:
👉 Chicago Nurse Assaults, Hospital Violence, and Workers’ Compensation
https://mcharguelaw.com/workers-compensation/chicago-nurse-assaults-hospital-violence-laws/

FAQ: Workplace Assaults and Illinois Workers’ Compensation

Does workers’ compensation cover being assaulted at work in Illinois?

Yes. Workers’ compensation covers assaults when the injury is connected to job duties or the work environment.

Do I need to press charges to receive workers’ comp?

No. Workers’ compensation applies regardless of whether criminal charges are filed.

Is PTSD from a workplace assault covered?

Yes. Psychological injuries such as PTSD are compensable when caused by workplace violence.

Can workplace assaults lead to lifetime benefits?

Yes. Severe injuries that result in permanent total disability may qualify for lifetime benefits.

Are prison guards, security guards, and teachers covered?

Yes. These professions frequently qualify for workers’ compensation coverage after job-related assaults.

Illinois Workers’ Compensation Lawyers for Workplace Assault Injuries

McHargue and Jones represents represent workers injured by violence throughout Chicago and across Illinois, including healthcare workers, correctional officers, security guards, and educators.