Workplace Violence and Workers' Comp Issues: Covered Injuries, Regulation, Employer Liability and Defense of Claims

Description

Unfortunately, workplace violence is on the rise. OSHA defines workplace violence as "any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site" including threats, verbal abuse, physical assault, and homicide. While there are currently no specific OSHA standards for workplace violence, employers are required under the General Duty Clause to provide employees with a place of employment "free from recognized hazards that are causing or likely to cause death or serious physical harm."

Additionally, in response to the increase in workplace violence, more and more states are enacting or introducing legislation related to workplace violence prevention, including most notably California's recently enacted law that requires most employers in the state to establish and maintain a written workplace violence prevention plan and provide employee training.

With the increased focus on workplace violence regulation, counsel should understand what impact these laws may have on employer workers' comp liability and coverage, and possible issues in defending claims when there is any employer noncompliance. Counsel should also be able to identify what injuries sustained in a workplace violence episode may be covered by workers' comp and which are not.

Listen as our expert panel provides an overview of workplace violence regulation and the impact this may have on employer workers' comp liability and compliance. The panel will discuss what affect noncompliance with workplace violence regulation may have on workers' comp coverage and the defense of claims. The panel will also offer best practices for helping employers mitigate the risk of workplace violence injuries.