Can she get workers’ comp for fist fight injuries?
July 23, 2012 by Fred HosierPosted in: Injuries, new court decision, Special Report, Stupid human safety tricks, Workers' comp
PDF An employee was injured when she got into a fist fight while on a workplace shuttle bus. Can she get workers’ comp benefits for her injuries?
Ann Belaska was a clerk for the New York State Department of Law.
In September 2009, she was involved in a fist fight with another passenger on a shuttle bus to ride to a satellite parking lot.
At the end of the bus ride, a passenger tried to exit before Belaska who told the other rider to let her go first because of her disabilities. When the other passenger became frustrated because Belaska wasn’t getting off the bus fast enough, they got into a verbal spat which turned into the fist fight, resulting in Belaska’s injuries.
Belaska suffered injuries to her chest, neck and shoulder and sought workers’ compensation benefits for her physical injuries as well as for post traumatic stress disorder.
Her employer’s insurance carrier denied her claim. The Workers’ Compensation Board agreed with the insurance company and ruled the injuries did not arise out of Belaska’s employment.
Belaska took her case to a state appeals court.
Was it ‘personal animosity?’
The appeals court noted previous case law established that:
“injuries stemming from an assault which arose in the course of employment are presumed to have arisen out of the employment unless substantial evidence is presented that the assault was motivated by purely personal animosity.”
Belaska said she had never before met the person who assaulted her.
Given that fact, the court said the assault arose from personal hostilities unrelated to her job.
The appeals court agreed Belaska should not get workers’ comp benefits for her injuries that resulted from the assault.
Given the court’s ruling, other types of assaults would be covered. For example:
- a store clerk beaten in a robbery, and
- a hospital worker assaulted by an out-of-control patient.
Has your company ever had a workers’ comp claim because of a physical fight involving an employee? Let us know about it in the comments below.
(Belaska v. New York State Department of Law, Appellate Div. of NY Supreme Court, No. 513147 6/21/12)
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Tags: fist fight, in the course of employment, injuries from an assault, Workers' comp
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July 23rd, 2012 at 9:11 am
To answer the question, NO. But if the employee was on the clock and got involved in a fistfight without motivating it they would be entitled to WC.
In this case it doesn’t clearly state who started the physical part of the fight. I feel because Miss Belaska didn’t have the other arrested for assault makes me think she started it and because she was injured felt someone else should pay. Just because a person is disabled doesn’t mean they have the right to put their hands on someone else IF indeed she did.
July 24th, 2012 at 6:25 am
Yes, The fight was over the issue of one employee not paying up on a bet. It was a verbal issue for several days and then came to a head. The employee who failed to pay the bet, started the fight and got his nose broken. He is currently on long-term medications due to mental stress and anguish. The fight took place in 2001 and we still see the reports and bills.
July 24th, 2012 at 11:44 am
Tim, you’re obviously mistaking this case with another ….. “fight was over the issue of one employee not paying up on a bet”???
Anyway, the courts were right in this ruling as well as the appeal. The crucial fact that she wasn’t on the clock coupled with the injury didn’t happen during the course of her employment.
July 24th, 2012 at 12:42 pm
Pat,
Above it asks “Has your company ever had a workers’ comp claim because of a physical fight involving an employee? Let us know about it in the comments below.”
I believe that is what Tim was commenting on.
July 24th, 2012 at 12:49 pm
Hi Pat T, Tim wasn’t mistaken with his comment. He was answering the question at the end of the article that the editor posted as I did before I commented. You must not have read the whole thing.
July 24th, 2012 at 12:54 pm
Pat T, Tim was answering the question, “Has your company ever had a worker’s comp claim because of a physical fight?” And just today in the news, an altercation in an Arkansas workplace has led to a murder. It’s a perfect time to retrain employees on your workplace violence policy and conflict resolution resources, folks.
July 24th, 2012 at 1:17 pm
Never had a claim arising out of a fight, and I can’t see how this woman’s injuries could be considered a direct result of her employment. I don’t know exactly how the confrontation evolved, but considering that she “told the other rider to let her go first” I would submit that her own attitude may have played a significant part.
July 24th, 2012 at 1:33 pm
Oops! Thanks for the clarification all!! Apologies to Tim!! Next time I will definitely pay attention!
July 25th, 2012 at 11:15 am
Yes, we had two employees get into a fight on the work site. One operator jumped into another driver’s truck and turn off the ignition while telling him that if he wasn’t going to do his job right, he wasn’t going to drive the truck. The truck driver was greatly offended and hit the guy in eye three times sending him to the emergency room. His workmans comp claim was denied by the carrier/