Serious or deadly bodily injuries on the job are often caused by accidents like fatal falls; trench collapses; machinery malfunctions; or motor vehicle accidents. However, more and more there are catastrophic injuries to workers that may leave them suffering permanent disabilities or even death that are the result of violence at their workplace.
While these are intentional acts, employers may nevertheless be legally responsible to the worker-victim for the injuries sustained from workplace violence. Third parties may also share legal liability for the incident and its aftermath.
What is Workplace Violence?
Workplace violence is defined by the Occupational Safety and Health Administration (“OSHA”) as:
any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors.
OSHA warns that acts of violence and other injuries are currently the third-leading cause of fatal occupational injuries in the United States. From OSHA:
However it manifests itself, workplace violence is a major concern for employers and employees nationwide.
Danger of Workplace Violence Injuries or Death on the Job
Workplace violence in Illinois, Indiana, and elsewhere in this country, is on the rise. Consider the following statistics:
- Around 2,000,000 million people are known victims of workplace violence each year;
- Almost three-quarters (75%) of those that die from workplace violence injuries are men; and
- Two industries, health care and social assistance, have a reported 8.2% incident rate of workplace violence.
For more, read: “30 Startling Workplace Violence Statistics [2023]: Statistics On Workplace Violence In The US,” written by Elsie Boskamp and published by Zippia on October 20, 2022.
According to OSHA, “[m]any American workers report having been victims of workplace violence each year.” How high is the risk of workplace violence today? No one knows for sure, because OSHA confirms that many of these incidents are not reported to the authorities.
Known factors and high-risk occupations
OSHA has determined certain factors that contribute to the danger of workplace violence for workers. These include:
- Jobs that require the worker to exchange money with the public;
- Jobs where workers are required to work with volatile, unstable people;
- Workplaces where alcohol is served;
- Worksites in areas of high crime rates; and
- Working the night shift.
Some occupations are notorious for endangering workers to workplace violence, according to OSHA. These include:
- delivery drivers;
- healthcare professionals;
- public service workers;
- customer service agents;
- law enforcement personnel; and
- any worker who must work alone or in small groups.
For more, read: Ridesharing Assaults: Claims for Injuries During Uber or Lyft Ridesharing Car Service; Duty of Businesses to Protect You from Active Shooter in Indiana or Illinois; and Truckers Can Use Exception to HOS Rules If Threatened with Violent Crime.
Employer’s Duty of Care to Keep Workers Safe from Workplace Violence
While employers, and their liability insurance carriers, point to a distinction between unintentional events on the jobsite and those involving an intentional act of violence, this may be countered as a distinction without a difference.
Employers have a legal duty to keep their workers safe on the job, as they perform tasks that contribute to the company coffers. For more, read What is the Employer’s General Duty Clause?
If the employer is in the position to identify a risk or danger facing a worker, then OSHA explains that the risk of workplace violence “…can be can be prevented or minimized if employers take appropriate precautions.”
OSHA Steps to Keep Workers Safe on the Job
How? OSHA suggests that employers have a zero-tolerance policy toward workplace violence that covers everyone on the jobsite, from the work force to others, such as “patients, clients, visitors, contractors, and anyone else who may come in contact with company personnel.”
Moreover, employers should take the proactive step of investigating their workplace to learn ways to reduce the “likelihood of incidents occurring.” OSHA advises a “well-written and implemented workplace violence prevention program, combined with engineering controls, administrative controls and training can reduce the incidence of workplace violence in both the private sector and federal workplaces.”
Workers should be aware of the company’s workplace violence prevention programs. Of importance, everyone involved should understand the meaning of “zero-tolerance.”
Finally, OSHA opines that given different situations will have their own unique characteristics, employers should “develop additional methods as necessary to protect employees in high risk industries.”
For more, read:
- Enforcement Procedures and Scheduling for Occupational Exposure to Workplace Violence. OSHA Directive CPL 02-01-058, (January 10, 2017).
- Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers (EPUB | MOBI). OSHA Publication 3148, (2016).
- Taxi Drivers – How to Prevent Robbery and Violence. OSHA Publication 3976 (DHHS/NIOSH Publication No. 2020-100), (November 2019).
- Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments. OSHA Publication 3153, (2009).
Other Ways That Employers Can Protect Workers from Workplace Violence
Within their particular industry, employers must understand the risks and hazards facing their workers in their particular job. Different employees will need different protections, and the company must understand these safety needs and take all reasonable and prudent steps to make sure the worker is not a victim of workplace violence. Among them:
- Employees in any industry should be provided well-lit areas to park their vehicles;
- Employees in any industry should be able to park their vehicle in a secure lot or parking garage;
- Security guards may be needed to monitor the worksite along with parking areas, and to watch over employees as they go to and from their vehicles;
- Employees in any industry that are provided a company vehicle to drive should have a car, van, or truck that is routinely inspected (tires, brakes, lights, horn, etc.) and maintained by the company;
- All employees working remotely from the company offices should have a mandated check-in schedule, and there should be steps in place for what to do in the event of a failure to check-in;
- Employees in any industry that are asked to travel for their work should be kept from having to travel at night;
- Employees in any industry that are asked to travel for their job should not be asked to drive alone through unfamiliar locations, particularly areas known to have high crime rates;
- Employees may need to be provided with phones to enable them to keep in touch with the employer as well as to call for emergency assistance if needed;
- The worksite may need video cameras (CCTV) and security alarm systems;
- The worksite may have specific safety lighting needs, such as lighting of stairwells in parking garages;
- The company should monitor incidents or threats of violence in the area with law enforcement as necessary, e.g., (1) a plant or factory in a high-crime area or (2) delivery driving routes known to be targeted for robbery;
- The workplace should be monitored for trespassers and any other individual who is on site without a legitimate purpose; and
- The company safety policies should be current with management and supervisors being up-to-date on the violence dangers facing everyone on the workplace at any given time.
Justice for Victims of Workplace Violence in Illinois and Indiana
Right now, there is no specific safety law or regulation that defines the employer’s duty of care and safety regarding workplace violence. Workers who are victims of violent acts while on the job must look to the General Duty Clause as well as legal precedent to determine the legal liability of the employer.
Others may share a responsibility for the incident, as well, such as contractors entrusted with security on the job site; service companies contracted to maintain vehicles, buildings, alarms, etc.; and the premises owner as well as others with possession, custody, or control of aspects of the workplace.
Workplace violence is a serious problem today. Workers may suffer permanent harm through no fault of their own at the hands of another who intentionally harms them. For instance, nurses can be beaten by patients in a mental health ward; delivery drivers can be attacked during a robbery of a van; and office workers can be assaulted in a poorly-lit parking garage. Law enforcement officers or first responders are obvious targets for workplace violence, as well.
Investigation into the event by those advocating for the worker-victim and their loved ones can determine the legal claims for justice available under state and federal law. These claims will proceed independently of any criminal investigation.
For more, read:
- Growing Dangers of Workplace Violence and Employer’s Responsibility to Keep Workers Safe from Severe or Fatal Injury
- Workplace Violence Injury Victims: Employer Liability for Occupational Violence in Indiana and Illinois
- Crime Victims and Personal Injury Claims: Prosecutors Are Not Injury Lawyers Helping With Victim’s Injuries
- Road Rage Accidents in Illinois and Indiana: Rising Risk of Driver Violence
- Premises Liability and Workplace Accidents: Third Party Injury Claims
- Workplace Safety and OSHA Regulations in Indiana and Illinois.
Workplace violence is an insulting reality to all workers in Indiana and Illinois. Everyone should be safe from these dangers as they earn their living. Please be careful out there!
