How can company reduce liability for workplace violence?
Is it possible for employers to protect themselves from liability for past and/or current acts of violence committed by employees in the workplace?
Rita Risser's response:
Actually, yes, and it is easier than you might think. Liability for the
vast majority of workplace injuries, including those due to violence, is strictly limited to worker's compensation. The injured employee is
entitled to receive lifetime medical care for injuries on the job, as well as a small stipend (paid by workers comp insurance) and perhaps job retraining.
Employees are able to go around workers comp and sue for money damages only if the employer engaged in serious and wilfull misconduct. Examples: the employer received direct threats of violence and didn't notify or protect the target; an employee had a history of violence which the employer knew about but did nothing to protect others. To date, there is no legal duty to check references or criminal records of employees for violent tendencies. However, if you act as a reference for a former employee who you know was violent, you may be liable to anyone that person injures at their new employment.
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Disclaimer:
This information is provided with the understanding that the author and publisher are not engaged in rendering legal or other professional services. The publishers disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional person.
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