Workplace violence: Is your business at risk?

• Author: Johnson, Kari R.

During the 1990s, businesses across the country faced an increase in incidents of workplace violence involving disgruntled workers and ex-employees. According to a study prepared by Northwestern National Life Insurance Co., 2,500 of every 100,000 workers have been attacked on the job, with 20% of the attacks being caused by co-workers, 7% by supervisors and 3% by former employees.

North Carolina has not been immune from this trend and has had its share of such incidents, including homicides. Most notably, in 1994, Ladislav Antilak, an employee terminated by a company in Research Triangle Park, returned and shot four co-workers, killing two of them, then killed himself. In May 1995, a terminated employee returned to the premises of his employment in Asheville and shot four employees, killing three. He is now on death row.

The costs of workplace violence are high. In addition to resulting in hostile working environments and decreased productivity, workplace violence has become a breeding ground for litigation wherein victims seek compensation for their injuries. Gone are the days when businesses were able to have such claims dismissed as a matter of course based upon the unforeseeable criminal acts of third parties. Today, victims of workplace violence are recovering substantial jury verdicts and hefty settlements. In the lawsuits and trial that resulted from the Asheville shooting, two of the victims recovered multimillion-dollar jury awards. (Two victims did not recover anything, presumably based upon evidence that they had supervisory roles and were in part responsible for security matters and the handling of the employee's termination. This action is before the North Carolina Court of Appeals.)

Proving a case of employer liability

This is not to say, however, that a business owner or operator constitutes an insurer against workplace violence. Plaintiffs still have the burden of establishing that the violence and injuries were foreseeable and that the defendant's conduct was unreasonable. Also, while an employee may obtain workers' compensation benefits from his employer resulting from injuries, North Carolina's Workers' Compensation Act prevents plaintiffs from suing employers in civil court for injuries obtained during the course of their employment.

The only scenario in which a workplace violence plaintiff could theoretically prevail against an employer in civil court would be the extremely rare case that could withstand the stringent...