Every now and then, stories about workplace violence hit the headlines. A disgruntled former employee returns to his workplace and opens fire. An Army psychiatrist goes on a shooting spree at a military base. A man makes violent threats against newspaper employees, calling journalists “the enemy of the people.” Headlines like these can cause anyone to worry about the dangers that might be lurking at work.
Fortunately, employers can take a number of measures to reduce the risk of workplace violence. And when employees are injured due to workplace violence—whether from a coworker, a vendor, a customer, or someone else—they can often obtain compensation for their injuries.
Every year nearly two million employees report that they’ve been victims of workplace violence, according to the Occupational Safety and Health Administration (OSHA). Under federal law, employers have a legal obligation to maintain a safe work environment free of “recognized hazards” that are likely to result in serious injuries (29 U.S.C. § 654).
OSHA interprets those safety hazards as including threats of workplace violence, which the agency defines as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” OSHA may impose fines for safety violations, but federal law doesn’t give employees the right to sue employers who fail to provide a safe workplace.
If you’ve been injured physically—or emotionally—as a result of workplace violence, you can receive benefits under your state’s workers’ compensation system. Workers’ comp eligibility will depend on the particular circumstances surrounding the violence, as well as on state law.
In general, however, the violent incident must have happened while you were at work (or doing a work-related task) and because of your work. For instance, workers’ comp would typically cover injuries that occur when:
In contrast, workers’ comp typically wouldn’t cover injuries from violence that was directed at the victims personally, not because of their job. For example:
Sometimes, there isn’t a clear distinction between work-related violence and violence that simply happens at the workplace. In these situations, courts will often look at whether the victims’ jobs come with increased risk of violence. For instance, in a case where an employee was raped in the stairway of the hospital where she worked, the court found her job exposed her to greater risk of sexual assault than the general public. That meant the psychiatric injuries she suffered from the attack were covered by workers’ comp. (Rush-Presbyterian-St. Luke’s Medical Center v. Industrial Com’n, 630 N.E.2d 1175 (Ill. Ct. App. 1994).)
If the court finds that workers’ comp doesn’t cover your injury—say, because it was personal—you may file a civil lawsuit against your employer based on negligence if it knew of the threat and failed to take reasonable steps to prevent it. For instance, a Virginia court allowed a woman to go ahead with a lawsuit against her employer for a violent sexual assault by a coworker in the company’s parking lot. Among other things, the woman claimed that her employer had failed to conduct a background check on her attacker (who was a registered sex offender), hadn't taken any action on her complaints about the man’s threatening behavior, and was supposed to (but didn’t) have security guards watching the poorly lit parking lot. (Hartman v. Retailers & Mfrs. Distribution Marking Service, Inc., 929 F.Supp.2d 581 (W.D. Va. 2013).)
On the other hand, you usually won’t be able to file a civil lawsuit against your employer if your injury is considered work related. That means you may only collect workers’ comp benefits, which are generally more limited than what you might win in court. But most states make exceptions to this rule when employers intentionally hurt employees. For example, you typically could sue your employer if the owner of the company attacked you. In most states, this exception only applies to actions by the employer—not supervisors.
You do have the option of suing the coworker, supervisor, customer, or stranger who committed the violence against you. But this isn’t always a viable option: Individuals are often “judgment proof,” meaning that they have no assets or income to pay off a judgment even if you were to win the lawsuit.
When customers or other nonemployees are hurt in workplace violence, they may sue the employer for negligence—again, if the employer failed to take reasonable care to prevent the violence. For example, a customer who was assaulted by a cable TV-Internet installer may have a successful claim against the cable provider if the employer knew the installer had a history of similar actions or simply failed to conduct any pre-employment screening.
Special rules apply when an employee is subject to workplace violence as a result of employment discrimination or harassment based on race, gender, religion, age, disability, or another legally protected characteristic. Under Title VII of the Civil Rights Act and similar state laws, employers must take certain steps to protect employees from being harassed based on these protected characteristics.
You might be able to sue your employer for violations of federal and state antidiscrimination laws. But you generally must take certain steps first, such as filing a complaint with the Equal Employment Opportunity Commission or the equivalent state agency.
If you believe that you were injured because of violent discrimination or harassment at work, you should consult with an experienced employment lawyer to learn how best to proceed and protect your rights.
If you’re subjected to violent behavior at the workplace, or you believe that a coworker, supervisor, or customer poses a threat of violence, you should notify your employer right away. Whenever possible, put your notice in writing or document the conversation with your supervisor. That way, you’ll have a record that your employer was aware of the danger.
You might also want to contact an attorney who’s experienced in worker’s compensation and employment law. A lawyer can help you determine whether your case should be filed in court or through the workers’ comp system. In certain circumstances, you may also have the right to take time off work while you are recovering from your injuries. (Learn how to select a good workers’ comp lawyer and how to prepare for a consultation with a workers’ comp attorney.)
