Will Workplace Violence Bust Worker’s Comp Liability Protections?

In Virginia, a school teacher is suing her school district employer for $40 million for damages from being shot by a young student with known violent behavior.

Also in Virginia, a Walmart employee is suing Walmart for damages she sustained after a Walmart supervisor with known by the employer to behave abusively shot multiple employees.

Both cases are trying to pierce employer liability protections typically provided from a workplace violence incident.

In the 30+ years that I conducted investigations in New Mexico and California, on behalf of civil plaintiff attorneys, and as a 3rd-party investigator brought in by an employer to conduct fact-finding investigations, I’ve seen cases rise to the level where they burst through the protections provided from liability to employers under worker’s compensations cases.

Based upon my experiences, I've created a FREE workplace violence prevention checklist. Download the checklist here.

Typically, those cases arose over willful, wanton, conduct by employers who ignored safety risks to work. Even work that was inherently dangerous.

In New Mexico, those cases were known as Delgado cases after the state supreme court ruling in Delgado v. Phelps Dodge. 

Employers have typically been protected from full liability in lawsuits brought by over harm to employees as a result of workplace violence.

But recent acts of workplace violence highlight the potential liability risk to employers who FAIL TO ACT when someone presents a KNOWN threat to employee safety.

It’s that known threat that could well reshape the legal liability landscape around acts of workplace violence and bust the worker’s compensation employer protections.

Employer’s actions will be placed under the microscope in ways they have not seen before. Employers will be examined for:

•  When did an employer first learn about an employee’s (client’s, student’s, vendor’s etc.) abusive conduct?
•  What steps did the employer take to investigate complaints about abusive behavior?
•  What actions were taken following an investigation?
•  What steps did an employer take to remediate prior failures to address abusive behavior?
•  What safety, and other types of training, did an employer provide to staff to remediate abusive behavior?
•  Did the employee conduct physical security assessments to reduce the risk of an employee engaging in violence?

These are just a few types of employer action that will be placed under the microscope should a significant workplace violence incident occur from someone who is known to the employer as having exhibited abusive behavior.

The courts, insurance companies, shareholders, and the community at large will be watching the progress of those lawsuits recently filed.

Reduce the risk of workplace violence with this FREE workplace violence prevention checklist. Download it below.