Workplace Violence Resulting in Minnesota Workers’ Compensation
Workplace Violence | Minnesota Workers Compensation Law
Workplace Violence is becoming more predominant than ever before. Over 2 million American workers are victims of workplace violence each year. Recent Minnesota Department of Labor and Industry Study revealed that 6% of all work injuries in 2017 were the result of workplace violence. These injuries can occur at any time. In fact, they can occur from other employees. In many cases these injuries are covered under the Worker’s Compensation act.
Workplace violence causes a significant number of fatalities throughout the United States. In 1996, the National Institute of Occupational Safety and Health (NIOSH) reported in its study, Violence in the Workplace: Risk Factors and Prevention Strategies that in any given week, about 20 workers are murdered in the United States. Statistics about workplace fatalities show that assaults and other violent acts are among the leading causes of work-related deaths in a number of states. For women, violence is the leading cause of workplace fatalities in the United States.
Typically, Minnesota workers’ compensation law does not allow an injury to be covered from a co-employee unless the injury was unintentional, or, if intentional, it was motivated by the employee as an employee.
When an employee’s intentionally harms another employee’s the law requires an analysis about why the harm was caused. Was the co-employee motivated by personal animosity towards the victim or was it wholly unconnected to the employment? If it was solely personal and it would not be covered. On the other hand, if it was solely out of an activity as an employee or, if neither as an employee or even personal, then it would be covered.
In these cases it’s important to understand whether the connection to the work resulted in the provocation or injury to the employee. If the injury is covered the injured worker then would be allowed workers compensation benefits.
The Minnesota Department of Labor and Industry provides brochures on stopping workplace violence. It can be obtained here.
If you, a friend or loved one has suffered workplace violence and have sustained injuries whether it be physical or emotional, contact our office today for a free consultation to evaluate your entitlement to workers compensation benefits.
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