Car Salesman Workplace Assault Head Injury – $610K Settlement

Case Overview

Mr. Q was working as a car salesman when a confrontation with a co-worker unexpectedly escalated.

As Mr. Q turned to walk away, the co-worker punched him violently in the face, causing him to fall backward and strike his head on concrete. He suffered a serious head injury, required emergency medical care, and was hospitalized.

Despite the severity of his injuries, the workers’ compensation insurance company denied the claim, alleging that Mr. Q started the fight and was therefore responsible for his own injuries.

The Dispute

The insurance carrier took the position that:

  • Mr. Q initiated the altercation
  • The assault was not work-related
  • They had no responsibility to provide medical or wage-loss benefits

This denial left Mr. Q without:

  • medical treatment
  • temporary disability payments
  • support for long-term recovery or retraining

The evidence the insurance company relied upon was incomplete, inaccurate, and did not reflect what actually happened.

Legal Strategy

Attorney Thomas DeBenedetto immediately challenged the denial and launched a full investigation.

Key steps included:

Obtaining subpoenaed video evidence

Thomas issued subpoenas and secured actual video footage of the incident, which showed:

  • Mr. Q turning away and disengaging
  • The co-worker initiating the assault
  • The forceful punch that caused the fall and head injury

Documenting the medical extent of the injury

Medical records and expert evaluations established the seriousness of the head trauma and the need for ongoing treatment.

Preparing the case for trial

Because the carrier refused to reverse its denial—even after reviewing the video—Thomas prepared the matter for a full trial before a workers’ compensation judge.

Outcome

At trial, Thomas presented:

  • the subpoenaed video proving Mr. Q did not start the fight
  • detailed medical evidence
  • testimony supporting his disability and need for treatment
  • documentation supporting vocational retraining

The workers’ compensation judge ruled entirely in Mr. Q’s favor.

As a result, Mr. Q was awarded:

This represented a complete reversal of the insurance company’s original denial.

What This Case Means for Other Injured Workers

This case highlights several important truths for injured workers:

  • A denied claim is not the final word
  • Insurance companies may rely on incomplete or inaccurate accounts
  • Objective evidence—such as video—can completely change the outcome
  • Representation by an experienced workers’ compensation attorney is often the only way to obtain the benefits you’re owed

Even when the facts seem clear, carriers often deny claims involving altercations, assaults, or disputed liability.

This case confirms that workers still have powerful rights, and those rights can be upheld in court.

Need Help With Your Claim?

If your workers’ compensation claim has been denied, disputed, or delayed, you do not have to handle it alone.

For more than 33 years, Attorney Thomas DeBenedetto has helped over 10,000 injured employees recover over $1+ billion in California workers’ compensation benefits.

Schedule a free consultation today.
We will review your case, explain your rights, and fight to secure the benefits you deserve.

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