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Who pays for violence-related injuries in the workplace?

On Behalf of | Feb 2, 2024 | Workers' Compensation

People can get hurt on the job due to a variety of different situations. They could work with dangerous chemicals or heavy equipment. They might have to drive as part of their daily job responsibilities. They could be at risk of over-exertion or repetitive stress. Sometimes, job injuries are the result of another person’s actions.

Violence in the workplace can affect people in many different professions. Someone in customer service could end up injured during an attempted robbery or shoplifting incident. Someone working in law enforcement or security accepts the degree of violence as one of the unique safety concerns with their profession. Yet, people in almost any job could be at risk of violence in the workplace. Who pays for the injuries and other losses generated in a violent incident?

Workers’ compensation often helps

People sometimes assume that workers’ compensation doesn’t apply in a scenario where an outside party is to blame for a workplace injury. That belief represents a misunderstanding of how Maryland workers’ compensation functions.

A worker does not need to prove that their employer was at fault for an incident, nor do they need to establish that they did not contribute to it. Maryland workers’ compensation provides no-fault coverage. The employer does not need to be to blame for an incident for a worker to be eligible for benefits. Workers’ compensation can cover the cost of medical care after someone’s injury and potentially also the loss of their wages if they require a leave of absence during their recovery. If the worker suffers a permanent injury, either physical, mental or both, they may be entitled to permanent disability benefits, as well.

The violent party may also have liability

In scenarios in which police officers arrest a criminal or someone can identify their assailant, they may have the option of pursuing a personal injury lawsuit against someone who assaulted them or harmed them during the commission of a crime. However, such lawsuits do not necessarily guarantee compensation, as someone convicted of a significant criminal offense, in most cases, does not have the money or other property from which a judgement can be collected.

Oftentimes, those seeking justice for an on-the-job injury need to consider every option potentially available to them to maximize the reimbursement that they can receive. Making sense of the unique rules for workers’ compensation coverage may benefit those injured in an incident involving workplace violence.

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  • BAR ASSOCIATION OF BALTIMORE CITY | 1880
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  • MARYLAND CRIMINAL DEFENSE ATTORNEYS ASSOCIATION