By: The Workers' Compensation Team
Homicides accounted for about 10% of all fatal workplace injuries in the United States in 2012.* Additionally, thousands of other workers are injured as a result of workplace violence each year. Among other issues, workplace violence requires employers to address OSHA concerns, potential workers’ compensation claims and, in certain situations, civil liability.
Although OSHA currently has no specific standards for workplace violence injury avoidance, OSHA’s General Duty Clause (Section 5(a)(1)) requires employers to provide a place of employment that is “free from recognizable hazards that are causing or likely to cause death or serious harm to employees.” In recent years, OSHA has been taking a harder look at workplace violence injury situations. Accordingly, employers having notice of actual or potential workplace violence injuries may want to implement programs to abate future injuries from this cause.
Additionally, workplace violence injuries may also be compensable under the employer’s workers’ compensation policy. In Virginia, an employee injury resulting from a willful and intentional assault may be compensable, if the assault is directed against the claimant as an employee, because of his employment or is otherwise connected to the employment. However, if workers’ compensation does not apply to the injury or claim (i.e. the assault is not related to or connected to the employment), employers may also have civil exposure, depending on the circumstances underlying the assault or injury. Because the legal analysis in these matters is highly dependent on the specific facts involved, it is important to consult knowledgeable counsel to help navigate these issues.
For more information on preventing work place violence injuries, see https://www.osha.gov/SLTC/workplaceviolence/index.html or call McCandlish Holton’s attorneys with any questions.
*2012 Bureau of Labor Statistics, Census of Fatal Occupational Injuries.
