Workplace Violence and Workers’ Compensation in Pennsylvania

Two male coworkers arguing in an office setting, illustrating a potential workplace violence scenario relevant to Pennsylvania workers' compensation claims.

Workplace violence and Workers’ Compensation are not two phrases often associated with one another. However, it should come as no surprise that there are many instances where violence by a coworker, superior, or even a customer causes a workplace injury. That raises the question: Are workplace violence injuries compensable under the Pennsylvania Workers’ Compensation Act? The answer is generally yes. Nonetheless, there are some caveats to be aware of before filing a Workers’ Compensation claim for a workplace violence injury.

What Is Workplace Violence?

Workplace violence is a broad term that can mean many different things. It could involve a robbery at your place of employment or an assault by a coworker or customer. It may include physical or verbal altercations, shootings, or even something as seemingly minor as a shove.

How Common Is Workplace Violence?

According to the U.S. Bureau of Labor Statistics, in 2021 and 2022, there were 57,610 nonfatal cases of workplace violence in the United States that required the victim to take time off, work with restrictions, or transfer job locations. Additionally, there were 524 fatal injuries caused by workplace violence during that same period. In Pennsylvania alone, there were 4.6 cases of workplace violence per 10,000 full-time workers in 2021 and 2022.

Are All Workplace Violence Injuries Covered by Workers’ Compensation?

As noted above, the answer is generally yes. Any employee who sustains an injury in the course and scope of their employment is typically eligible for Workers’ Compensation benefits. While “course and scope of employment” is a broad term that covers most injuries occurring on the employer’s premises or while furthering the employer’s business, one key exception may apply: the personal animosity exception. This exception can render a workplace violence injury non-compensable under the Pennsylvania Workers’ Compensation Act.

What Is the Personal Animosity Exception?

The personal animosity exception applies when someone injures an employee for purely personal reasons—unrelated to their employment. In such cases, the injury is excluded from Workers’ Compensation coverage.

Examples of Personal vs. Work-Related Reasons

Examples of non-compensable workplace violence injuries due to personal reasons include:

A wife attacks her husband at his workplace.
Two employees get into a fight over a long-standing personal relationship.
A physical altercation at work stemming from one employee’s dislike of another due to drug use.

Examples of compensable injuries include:

A bartender assaulted by a patron after refusing further service.
A police officer shot in the line of duty.
Coworkers who get into a fight over job performance or workplace tasks.
An employee assaulted by a disgruntled, recently terminated worker.

Industries Where Workplace Violence Is More Common

Some industries face a higher risk of workplace violence, particularly:

Retail stores and restaurants
Pharmacies or facilities where prescription drugs are dispensed
Establishments where alcohol is served
High-risk roles such as firefighters, police officers, EMTs, and heavy machinery operators

However, workplace violence can happen anywhere, at any time. It’s crucial to remain aware of your surroundings and stay vigilant.

What Should You Do If You’re a Victim of Workplace Violence?

If you’ve been injured due to workplace violence, the best step is to consult an experienced Workers’ Compensation attorney. At Stern & Cohen, our dedicated team will determine if your injury is compensable under the Pennsylvania Workers’ Compensation Act and how to present your case for maximum benefit.

If you’ve experienced workplace violence or need assistance with your Workers’ Compensation claim, contact Stern & Cohen today. We offer free consultations and are ready to help you navigate the complexities of the Pennsylvania Workers’ Compensation system.

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