Workplace violence is recognized as the third leading cause of work-related deaths in this country, with experts suggesting the danger facing workers is actually much greater because workplace violence is notoriously unreported to authorities by employers. Read, “7 Reasons Employees Don’t Report Workplace Violence,” by Carol Fredrickson and published by Zen Business on August 11, 2021.
In one poll, one-third (33%) of American small businesses reported an incident involving workplace violence on their premises. Moreover, with the unprecedented COVID-19 Pandemic, instances of workplace violence have increased to such an extent that in January 2022 new regulations became effective targeting the duties of employers to protect health care workers from workplace violence on the job.
Why? The likelihood of serious on-the-job intentional bodily injury for workers in the health care industry skyrocketed 500% since the pandemic began. See, “New Workplace Violence Prevention Requirements Coming in 2022,” written by Antigone E. Kokalias, MBA, MSN, RN, Clinical Project Director – Clinical, Department of Standards and Survey Methods and published by the Joint Commission on August 9, 2021.
With the pandemic’s pervasive influence, combined with employer underreporting of workplace violence on the job site, the danger of a worker in Indiana or Illinois being seriously injured or killed in an intentional act of violence at the workplace is shockingly and unacceptably high.
What is Workplace Violence?
The Occupational Safety and Health Administration (OSHA) defines “workplace violence” as “[V]iolence or the threat of violence against workers. It can occur at or outside the workplace and can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths. However it manifests itself, workplace violence is a growing concern for employers and employees nationwide.”
According to the National Institute for Occupational Safety and Health (NIOSH), “workplace violence” is “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.” NIOSH recognizes that some workers are at a much greater danger of serious or fatal harm from workplace violence than others, with death on the job being a significant risk for those employed in the (1) sales, (2) protective services, and (3) transportation industries.
The circumstances of the job itself makes the worker more vulnerable to becoming a victim of violence while at work. Among those employees facing greater risk of deadly injuries on the job resulting from workplace violence are:
- Health Care Workers (nurses, EMTs, home health care, etc.)
- Convenience Store and Gas Station Workers (clerks, sales personnel)
- Taxicab and Ridesharing Drivers (e.g., Uber, Lyft)
- School District Employees (school teachers, school staff, school administrators).
Of note, many workers in our part of the country who are most at risk for suffering severe or fatal harm due to workplace violence are employed in positions where they may be acting as “lone workers” at least part of the time. For more on the duties employers have regarding keeping lone workers safe on the job, read our discussion in Lone Workers: Employer’s Duty of Care.
Employer Duty of Care to Protect Workers From Workplace Violence
Today, there is no specific federal regulation that defines a specific duty of care for employers regarding workplace violence. Employers are held to the general duty of care and safety standard regarding protecting employees from violence on the job. See, e.g., 29 U.S.C. § 654, which provides that each employer “…shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”
Employers may focus their duties of care for employees upon avoiding accidents on the job site, and discount their responsibilities to protect workers from intentional acts of violence. This disregard or disrespect for this aspect of their legal responsibilities to protect against violence does not diminish the legal liabilities they can face if a worker is hurt or killed on the job from a violent act.
1] Workplace Violence Training
OSHA advises employers that an employer’s best stance to meet legal duties to protect against workplace violence is to establish a “zero-tolerance policy” on the job site.
This should include the creation and implementation of a Workplace Violence Prevention program for the employees. Training should be given to all workers regarding company policy, including how claims of workplace violence or threats of violence are to be reported, investigated, and resolved.
Training for employees should also be proactive in how best to protect oneself in the face of a potentially violent event, including how to alert the authorities and how to safeguard themselves and others on the site as needed. Employees should be instructed on how to enter and leave the worksite for optimal safety. Employers should reassure workers they are not to go into a work area where they have a “gut instinct” it is dangerous or unsafe.
2] Workplace Violence Technology and Equipment
Technology and Equipment should be assessed for safety and provided by the employer in advance of any potential violence on the job site. This can include many things, from 24-7 video cameras to automatic (silent) alarms, and secured access with passcodes, badges, and keys. Hand-held alarms may be warranted. Phones may need to be provided. Extra lighting may be necessary.
3] Monitoring and Maintenance
Monitoring the worksite is paramount, as well. Employers have a duty to make sure that all motor vehicles are properly repaired and maintained; alarms are in good working order; all lighting is functioning as it should, etc. and along with this monitoring should come a periodic assessment of any additional steps that are advisable to secure the workplace for the worker’s safety.
Workplace Violence Victims’ Claims for Justice in Indiana and Illinois
Anyone who is seriously injured or killed as a result of workplace violence in Indiana and Illinois may have a legal claim for recompense against their employer for the resulting damages. These may be available under state laws based upon negligence, workers’ compensation, and wrongful death. In some situations, crime victims may also have legal claims against the perpetrator of the violent act as well as third parties who have negligently or intentionally contributed to the event.
A key consideration will be the results of the investigation into the violent event itself. In order for the employer to be held legally liable, the victim will have to establish there was a legal duty of care and safety owed to the victim at the time of the violent event which caused the harm. Essentially, this will entail confirmation that the worker was at work, or was doing a job-related task at the time.
Employers may also be held liable to victims of workplace violence where the employee is the perpetrator of the violent act and the employer failed in its duty of reasonable care in the hiring or supervision of that worker.
For more on employers’ liability for bodily injuries resulting from violence on the job, read:
- Road Rage Accidents in Illinois and Indiana: Rising Risk of Driver Violence
- Workplace Violence Injury Victims: Employer Liability for Occupational Violence in Indiana and Illinois
- Duty of Businesses to Protect You from Active Shooter in Indiana or Illinois
- Truckers Can Use Exception to HOS Rules If Threatened with Violent Crime
- Crime Victims and Personal Injury Claims: Prosecutors Are Not Injury Lawyers Helping With Victim’s Injuries
- National Crime Victims Rights Week: Justice Is the Goal of Both Criminal And Civil Actions for Victims of Crime
- Ridesharing Assaults: Claims for Injuries During Uber or Lyft Ridesharing Car Service.
Workplace violence is a growing danger here in Indiana and Illinois, particularly for those in occupations known to present risks of harm to the worker. Please be careful out there!
