If you have been injured as a result of violence at work, you are certainly not alone. According to federal data, just shy of 3 out of every 10,000 full-time workers was harmed by employment-related violence during 2021-2022 alone.
Workplace violence can leave employees with both physical injuries and psychological trauma. Yet, when an employee is injured due to violence at work, it may be unclear exactly who is responsible for the damages.
Employers generally have a duty to provide a safe work environment. While not every violent incident can be predicted or prevented, employers can sometimes be held liable if it can be shown they failed to take reasonable steps to protect employees from relatively foreseeable violence.
Employer liability considerations
Employers may be held liable for injuries caused by workplace violence under two primary legal theories:
- Negligence: If an employer knew or should have known about potential threats and failed to take appropriate action, they could be held liable for negligence. This includes cases where there is a history of violence or threats within the workplace, or if an employee had a known propensity for violence.
- Vicarious Liability: In some cases, employers can be held indirectly responsible for employees’ actions if they occur within the scope of employment. For instance, if an argument between two employees escalates to violence while performing work-related tasks, the employer may be liable for resulting injuries.
To mitigate the risk of violence, employers are expected to take preventive measures that create a safer work environment. These measures can include conducting background checks, providing conflict resolution training, establishing policies against workplace harassment and offering clear reporting channels for employees to voice safety concerns. In high-risk environments, such as healthcare or retail, additional security measures may be expected, such as surveillance, security personnel or secure facility access.
If an employer fails to implement reasonable safety precautions, they may be liable for injuries sustained by employees during violent incidents. Courts often consider whether adequate measures were in place and whether the employer took reasonable steps to anticipate and prevent potential violence when assessing the merits of a particular claim.