Workplace brawls do occur, and business owners may be held liable for injuries if a workers’ compensation policy does not exist. A brawl in Albertville sent two workers to the hospital. The brawl started with an argument that escalated with one man suffering from stab wounds and another man suffering from a broken jaw.
Alex Wheeler, 24, started the brawl when he threw a bolt at 52-year-olf Charles Meade. Jason Smith, 39, joined in and started to attack Meade which pulled out a knife to defend himself.
The incident is one that can happen in any workplace, but the question remains: who pays for injuries?
Workers’ Compensation May Cover Some of the Brawl’s Injuries
Workers’ compensation will cover the costs of some injuries, but there are strict rules in place when a brawl begins.
“If an employee is determined to be the aggressor in the fight, he cannot make a claim for workers comp for his injuries. This is true even if the fight was over a legitimate work dispute,” explains Ankin Law Office.
Workers’ compensation laws require that the incident be related to a workplace matter. In the case above, it would seem that Wheeler and Smith would not be able to file a workers’ compensation claim because they were the aggressors.
Meade, on the other hand, may be able to file a claim because he was defending himself at the time of the incident.
It’s assumed that the initial contact from the thrown bolt would have led to the injuries that Meade suffered.
But there’s always the chance that a claim can be denied. Every claim is subject to approval, and it’s entirely possible that the insurer will deny the claim. If the claim is denied, it may be possible to sue the employer if negligence exists.
Negligence is hard to prove, but let’s assume that Meade had reported threats against himself to management. Managers decided to ignore his pleas, so Meade may be able to sue the employer. It’s possible that a judge will rule that the employer knew of the threats and failed to take proper legal action.
Perhaps there was a lack of security in place, or the employer’s ignoring of the threats were enough to file a claim against the employer.
Otherwise, it’s also possible to sue the aggressor. All parties involved in the brawl may choose to sue one another for injuries. Meade may be able to prove that he was defending himself, but all of the details are not clear. Perhaps Meade chased down the assailants and stabbed them when he was clearly out of danger. In this case, he may lose any lawsuits filed against him.
Employers should have general liability insurance and workers’ compensation insurance to be able to protect against liability claims if a workplace brawl does occur.
Workers’ compensation will provide benefits to Meade since he is not the one that started the fight or argument. Legal action, aside from filing a workers’ compensation claim, may be able to be filed by all parties.
