September 18, 2023
Workers’ compensation is a state-mandated insurance program that benefits employees who are injured or become ill on the job. OSHA, or the Occupational Safety and Health Administration, is a federal agency that oversees workplace safety and health.
Workers’ Compensation and Workplace Violence
Workplace violence is a serious problem that can have devastating consequences for employees and employers alike. Workers’ compensation covers employees injured or killed in workplace violence, regardless of who was at fault.
Types of Workplace Violence Claims Covered by Workers’ Compensation
Workers’ compensation covers a wide range of workplace violence claims, including:
- Physical injuries, such as bruises, cuts, fractures, and gunshot wounds
- Psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, and depression
- Death benefits for dependents of employees who are killed in workplace violence incidents
Types of Workplace Violence Claims Not Covered by Workers’ Compensation
Workers’ compensation does not cover all workplace violence claims. For example, claims may be denied if the employee was the initial aggressor or if the injury occurred outside the course and scope of employment.
Other Risks of Workplace Violence to Employers
In addition to workers’ compensation claims, employers who fail to take reasonable steps to prevent workplace violence may also face civil lawsuits from employees and other parties.
Preventing Workplace Violence
There are a number of things that employers can do to prevent workplace violence, including:
- Creating a culture of respect and civility
- Identifying and addressing potential red flags, such as employee anger or mental health problems
- Providing training on workplace violence prevention and de-escalation
- Developing a workplace violence prevention plan
What to Do When Workplace Violence Occurs
If a workplace violence incident does occur, employers should take the following steps:
- Seek immediate medical attention for any injured employees
- Secure the scene and prevent further violence
- Contact the police
- Notify the workers’ compensation insurance carrier
- Provide counseling and support to affected employees
OSHA’s Role in Workplace Violence Prevention
OSHA does not have specific standards for workplace violence prevention. However, OSHA does have measures that can help to prevent workplace violence, such as workplace violence prevention training and hazard assessments.
Conclusion
Workplace violence is a serious problem that can have devastating consequences for employees and employers alike. By taking steps to prevent workplace violence and providing workers’ compensation benefits to injured employees, employers can help protect their workers and their businesses.
Resources
- Occupational Safety and Health Administration (OSHA): https://www.osha.gov/workplace-violence
- Centers for Disease Control and Prevention (CDC): https://www.cdc.gov/niosh/topics/violence/default.html
- National Institute for Occupational Safety and Health (NIOSH): https://www.cdc.gov/niosh/docs/2002-101/default.html
- Bureau of Labor Statistics (BLS): https://www.bls.gov/opub/ted/2022/workplace-violence-homicides-and-nonfatal-intentional-injuries-by-another-person-in-2020.htm
- Workers’ Compensation Research Institute (WCRI): https://www.wcrinet.org/staff
- National Safety Council (NSC): https://www.nsc.org/workplace/safety-topics/workplace-violence