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Construction Law

: The South Carolina Construction Law Blog

Workplace Violence Covered Under Workers' Compensation Act

By Ryan McCabe

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The 8th Circuit Court of Appeals determined that a worker injured in an assault by her coworker was only entitled to workers' compensation and was precluded from bringing a personal injury suit against her employer. The employee was attacked by her coworker at the place of employment and during working hours.

The employee wanted to bring claims of assault, battery, false imprisonment, intentional and negligent infliction of emotional distress, loss of consortium and negligent hiring, supervision and retention against the employer. Because the court found evidence of "specific, work-related" disputes between the co-workers and no out of work contact between the two, it determined that the injuries sustained were covered by Minnesota's Workers' Compensation Act.

The Act provides in part that an employer is liable for compensation based on employee death or personal injury that arises "out of and in the course of employment without regard to the question of negligence." Further, this liability exists as the exclusive remedy for the injured employee, meaning the employee cannot collect workers' compensation then bring a civil suit against her employer. The employee argued that her injuries should not be covered by workers' compensation, therefore entitling her to a potentially higher judgment. However, the court sided with the employer and decided that the attack was job related.

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Full post as published by The South Carolina Construction Law Blog on October 15, 2010 (boomark / email).