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Is Workplace Violence Covered Under Workers鈥 Compensation?

Nov 4, 2021

Workers鈥 Compensation covers medical expenses and lost wages for employees who become sick or injured due to a workplace accident. But what about cases of workplace violence, where the injury 颈蝉苍鈥檛 an accident? Determining if Workers鈥 Compensation provides indemnification for workplace violence 颈蝉苍鈥檛 cut-and-dry and requires careful evaluation of the insurance contract, state laws and the circumstances surrounding the violent act.

Workplace violence is most often thought of as blatant physical violence or attack. But, according to , it goes beyond that to also include the threat of violence, verbal assault, harassment, and intimidation with injuries ranging from both physical and mental. Over are victims of workplace violence each year, and experts report that it is on the rise due to the increased stress brought on from the COVID-19 pandemic鈥攋ob losses, vaccine mandates, mask requirements, grief or anger over lost loved ones, etc.聽

There are a few things to consider when Workers鈥 Compensation and workplace violence intersect:

  • The terms of the existing policy. Any vagueness often favors coverage.
  • Laws and legal precedence in the state where the incident took place. States may define workplace violence 鈥渋njuries,鈥 for example, differently, based on past court rulings.
  • The role the injured person played in the event. Did the person instigate the violence in some way or were they purely a victim? If they were part of the violence, was it in defense?聽
  • Can it be shown that the loss occurred in the scope of employment and while the employee was working?
  • History of violence prior to the reported claim. Did the person responsible for the violence have a history of misconduct? Was there any verbal or threatened violence prior to a physical attack? Did the employer address any prior issues, or did they ignore them or tolerate them?聽

There are no firm coverage determinations when considering if Workers鈥 Compensation covers you for workplace violence. Read more for common grey areas, specific examples, and other important considerations.聽

One thing is for sure – a thorough analysis should be conducted as soon as workplace violence claims are reported.聽 麻豆放映免费 specializes in monoline Workers鈥 Compensation and our experts can offer guidance on contract language and loss control strategies to keep your clients鈥 protected.聽 Contact us today to learn more.

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The 麻豆放映免费 Workers' Compensation Insurance Team

Workers鈥 compensation is not a generalist鈥檚 game. 麻豆放映免费鈥檚 dedicated division of industry-leading workers鈥 compensation experts understands every facet of this complex coverage line 鈥 from multi-state operations and high-hazard risks to United States Longshore and Harbor Workers Compensation Act (USL&H), and everything in between. No matter your clients鈥 industry, state, experience modification factor, premium size, or class code, the 麻豆放映免费 workers' compensation team has you covered.
workers' comp | Workers' Compensation | workers' compensation coverage | workers' compensation insurance | workplace violence

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