Violence at work is the 3rd leading cause of occupational death in this country, despite the employer’s duty to provide safety on the job.
Workers in both Illinois and Indiana are to be provided a safe working environment and kept safe from dangers on the job; legally, employers are to provide workers protection from being seriously injured or killed at the work site. Both state and federal law establishes a legal duty for employers to provide a safe workplace for their workers.
Most of our discussions involve aspects of this legal duty, where companies put profits over people and fail in their duty of care in ways that result in serious accidents and fatal injuries on the job site. For details, see:
- Job Site Injury in Illinois or Indiana: When Accidents at Work Are Not Worker’s Compensation Claims
- Worker Fatalities: What are the Most Dangerous Jobs in 2019?
- Companies Ignore OSHA Safety Regulations and Workers Get Hurt on the Job
- Profits Over People: Corporate Greed in the News
However, fatal accidents caused by the negligence of an employer are not the only ways that their worksite duties of care are breached, resulting in the permanent harm or death of an employee. Sadly, statistics show that for many workers, there is a high risk of being the victim of workplace violence where the worker is attacked, assaulted, or murdered while working on the job.
What is Workplace Violence?
Essentially, occupational violence involves an intentional act by one individual that hurts or kills an employee while he or she is working on the job. The perpetrator of the violence can be a worker who assaults another employee, or a stranger who enters the work area, as for example in an “active shooter” situation. For more on active shooters, read: “Duty of Businesses to Protect You from Active Shooter in Indiana or Illinois.”
Officially, “workplace violence” is defined by NIOSH (the National Institute for Occupational Safety and Health) as “…the act or threat of violence, ranging from verbal abuse to physical assaults directed toward persons at work or on duty. The impact of workplace violence can range from psychological issues to physical injury, or even death.”
According to the Bureau of Labor Statistics, occupational violence is the 3rd leading cause of death for workers in this country, surpassed only by the dangers of motor vehicle accidents and fatal falls.
Ranking as the third leading cause of workplace fatalities is serious enough, but things get worse for those who are employed in specific industries. As Illinois’ internationally distinguished National Safety Council (NSC) warns, “the numbers are alarming,” with some workers much more vulnerable to being hurt or killed as victims of workplace violence than others. Those the NSC finds to be at the greatest risk include:
- Taxi drivers (and presumably Uber / Lift ride-sharing drivers, as well);
- Health care workers (for example, nurses and social workers);
- Service providers (e.g., convenience store clerks); and
- Educators (teachers, coaches, etc.).
For these industries, the reality of workplace violence must be at the forefront of worker safety practices. These companies must understand and take the necessary extra care needed to keep their workers safe on the job.
Of course, given the reality that occupational violence kills almost as many workers as falls on the job site and motor vehicle accidents, each and every employer needs to be alert and aware of the dangers of intentional harmful conduct that can hurt or kill their employee. Worksite violence is a danger to every employee.
According to OSHA, workers are at a greater risk of becoming injured and victims of workplace violence when their job site has the following characteristics:
- exchanging money with the public;
- working with volatile, unstable people;
- working alone or in isolated areas;
- providing services and care;
- working where alcohol is served;
- working late at night; and
- working in areas with high crime rates.
OSHA considers the following to be high risk jobs: store clerks (exchanging money with the public); delivery drivers; healthcare professionals; public service workers; customer service agents; law enforcement personnel; and those who work alone or in small groups.
Intentional Harm and Fatal Injuries on the Job
According to OSHA, employers must take precautions to protect workers in these risky environments by doing things that include:
- Zero-tolerance policy toward workplace violence, covering all workers, patients, clients, visitors, contractors, and anyone else who may come in contact with company personnel.
- Worksite assessments to identify ways to reduce the likelihood of occupational violence.
- Workplace violence prevention programs drafted and adopted as company policy.
- Specific safety methods adopted as necessary to protect employees in high risk situations.
Intentional Harm and Fatal Injuries on the Job
Acts of violence on the job site can result in law enforcement investigations with arrests being made and charges pursued by state attorneys or federal prosecutors. These are criminal matters that will proceed in the criminal courts, where the accused upon conviction (for assault, manslaughter, homicide, etc.) may face incarceration as well as monetary fines. These are criminal charges against the person who committed the violent act.
However, a recent ABA article explores the national trend of finding the employer criminally liable for workplace deaths, as well. Read “Am I Going to Jail? Criminal Liability for Workplace Deaths,”written by Marti J. McCaleb and published by the American Bar Association on May 13, 2018. The issue of medical examiners ruling deaths as the result of “industrial homicide,” thus allowing prosecution of the employer for neglectful conduct leading to the death of the employee has been evolving for over twenty years. See, Boglioli, Lauren R., and Mark L. Taff. “Deaths at the workplace. Accidents or homicides?” The American journal of forensic medicine and pathology 11.1 (1990): 66-70.
However, workplace violence victims will not be protected in the aftermath of a job site injury through the criminal court system. For these personal injury victims and their families, civil claims must be made in order to obtain compensation for things like hospital bills, lost wages, therapy, rehabilitation, etc.
In both Indiana and Illinois, these bodily injury claims may or may not proceed through the statutory workers’ compensation system or through federal regulatory procedures. In some cases, civil lawsuits based upon the employer’s failure to act may be appropriate.
Anyone who is the victim of an intentionally violent act while working on the job may have legal redress against their employer for failing to protect them and keep them safe from harm. Each case must be individually analyzed.
Investigations must be made into issues like:
- Was the company negligent in hiring a dangerous employee?
- Did the company fail to inspect the store to make sure there were safety precautions, including adequate lighting and working security cameras?
- Was there any prior instance of violence that was ignored or disregarded?
Victims of workplace violence and their families deserve fair treatment in the aftermath of these kinds of terrifying and horrific events. When employers fail to do the right thing, resulting in an incident of workplace violence, both state and federal law may give their victims avenues for justice. Please be careful out there!
