There’s no question that workplace violence has become an increasing problem throughout the country. While the incidents that make the news typically involve mass shootings, most workplace violence is one-on-one.
Workplace violence can take many forms. Such violence may be at the hands of a co-worker, a customer or a robber. Those who work in medical settings – particularly in hospital emergency rooms – may be injured by a drunk, drugged or mentally ill patient.
Victims of workplace violence or their surviving loved ones can receive workers’ compensation benefits in many cases – but not all. State laws on this vary. What are workplace violence victims entitled to in New York?
What does New York law say?
Under state law, an employee who is the victim of workplace violence may be eligible to receive workers’ compensation if the violence “[arose] out of employment” and occurred “in the course of employment.” Examples include a robber shooting or striking an employee or two co-workers getting into a brawl over who gets to use a new piece of equipment.
The law states that there’s a “rebuttable presumption” that any injury occurring in the workplace – including injuries caused by violence – should be considered related to the job and thus be eligible for workers’ compensation. That means, however, that if an insurer and/or employer can successfully rebut that presumption, the injured employee may not receive workers’ compensation benefits.
For example, two employees could get into an argument over sports that results in a stabbing or someone’s spouse could follow them to work and assault them. Such scenarios don’t “arise out of employment” even if they occur in the workplace.
There may be grounds for legal claims
In some cases, a victim may have grounds for a negligence claim against their employer or others (like a company hired to provide security). For example, if employees made multiple complaints about someone being emotionally unstable and threatening before they stabbed a co-worker.
Getting workers’ compensation benefits for injuries caused by workplace violence can be difficult. Seeking experienced legal guidance may improve a victim’s chances of presenting a successful claim.