WORKERS ’ COMPENSATION
Does Workers ’ Compensation Cover Active Shooter Injuries ?
The prevalence of active shooter incidents in the workplace has brought to light a concerning aspect of workers ’ safety that extends beyond traditional occupational hazards . Employees across various industries now face the grim reality of potential workplace violence , leading to a heightened need for understanding and addressing workers ’ compensation injuries resulting from active shooter situations .
When an active shooter incident occurs in the workplace , the consequences can be catastrophic , resulting in physical injuries , psychological trauma , and , in the worst cases , loss of life . Workers caught in such harrowing events may sustain injuries ranging from gunshot wounds and shrapnel injuries to fractures , lacerations , and concussions . The severity and complexity of these injuries underscore the urgent need for adequate support and compensation for affected employees .
In this article , we explain how workers ’ compensation coverage works for workplace violence incidents , specifically active shooter injuries .
ARE ACTIVE SHOOTER INCIDENTS COVERED ?
Workplace violence injuries like active shooter incidents are generally covered by workers ’ compensation , provided that the incident occurred within the scope of employment .
In cases where workplace violence results in serious injuries or fatalities , workers ’ compensation benefits can provide crucial financial and medical support to affected employees and their families during the recovery process . Additionally , workers ’ compensation may offer benefits for psychological trauma or emotional distress resulting from workplace violence .
CAN AN EMPLOYEE SUE THE EMPLOYER ?
Under the no-fault system principle , employers are generally protected from lawsuits by employees seeking additional compensation beyond what workers ’ compensation provides .
In many jurisdictions , workers ’ compensation is deemed the exclusive remedy for workplace injuries , meaning that employees relinquish their right to sue their employer for tort damages in exchange for receiving workers ’ compensation benefits . This arrangement ensures that injured workers receive prompt compensation while providing employers with a degree of certainty regarding their liability for workplace injuries .
Note that if a third party , such as a contractor or vendor , is responsible for the shooting , the injured employee may have the right to pursue a lawsuit against that party .
CONCLUSION
The intersection of workers ’ compensation and coverage for active shooter injuries and workplace violence presents a complex landscape with significant implications for employees and employers alike . While workers ’ compensation generally provides a no-fault insurance program to support employees injured in the course of their employment , the unique nature of workplace violence incidents adds layers of complexity to the process .
Employees who sustain injuries in active shooter incidents may be eligible for workers ’ compensation benefits to cover medical expenses , wage replacement , and rehabilitation services . However , navigating the workers ’ compensation system in the aftermath of such traumatic events requires careful consideration of the specific circumstances surrounding the incident . +
BY : GWENYTH P . LUU , CLCS PARTNER , COMMERCIAL LINES JGS INSURANCE , A BALDWIN RISK PARTNER
Gwenyth P . Luu helps organizations improve their bottom line and lower their total cost of risk by implementing the JGS Proactive Service Platform . The JGS Proactive Service Platform is an inclusive strategy that focuses on primary cost drivers of a risk management program . Gwenyth helps businesses understand all of their potential and actual costs and liabilities , execute an actionable strategy , and deliver superior client service and support . The JGS Proactive Service Platform is driven by continuous strategy and service delivered on a daily basis throughout the year . The service platform includes risk control strategies , claims advocacy and management , contract reviews and insurance program design reviews .
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