Employees who suffered injuries through workplace violence may seek damages through the workers’ compensation system.
Recently, the American public watched in horror as another mass shooting took place — this time at a school in Parkland, Florida. 17 people were killed, including 14 students and 3 employees, and additional 14 students and employees were injured. In the wake of this tragedy, many people are calling for additional safety measures to be taken at schools to prevent this type of event from happening again.
The question of how we can prevent these mass shootings from happening is a sensitive one. Wherever you stand on the issue, we can all agree that no student, teacher or staff member should ever have to go to school and be worried that they will be attacked. For employees of schools, it raises an additional question as schools continue to be targeted for these types of shootings: are school districts responsible for keeping them safe?
There is not a specific federal law that requires employers to prevent employers to prevent workplace violence. However, under the Occupational Safety and Health Act, commonly known as OSHA, employers are required to provide a workplace that is free from dangerous conditions or hazards — including serious injury or death. While OSHA does not specifically address workplace violence, it has been interpreted to include threats of workplace violence. However, OSHA does not give employees the right to sue their employers if they are subjected to workplace violence, such as a school shooting.
Instead, according to an experienced workers’ compensation attorney, employees who are injured at work are generally required to recover for their damages through their state’s workers’ compensation system. If a violent incident arises out of employment, then it will likely be subject to workers’ compensation. However, it is arose from something other than employment, then in some states (such as California), employees may be able to file a civil lawsuit for damages. A skilled workers’ compensation attorney can help you determine if there is an option to file a lawsuit based on the facts of your case.
However, filing for workers’ compensation for workplace violence with a workers’ compensation attorney can help you recover for any physical injuries that you suffered, as well as mental anguish that may have been caused by your experience. For example, many people who have survived mass shootings develop post-traumatic stress disorder (PTSD), which often requires therapy and other treatment. This is a type of condition that can entitle an employee to benefits in the workers’ compensation system.
Workplace violence is far too common in our country. While we may not be able to end it, we can work to help survivors get the benefits that they need to recover. At PLBH, we have more than forty years of experience helping employees through the workers’ compensation system. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a consultation or to learn more.