What is an Intentional Tort or a Violation of a Specific Safety Regulation?
Question: What is an Intentional Tort or a Violation of a Specific Safety Regulation?
Workers' compensation systems and workers' compensation insurance are business insurance systems designed to expedite compensation to injured employees. It is a bargain between employers and employees. Employers must maintain mandatory coverage and, in return, the employer cannot be sued over a workplace injury.
But, some cases fall outside of workers' compensation.
Here we look at two exceptions: the intentional/criminal act and the Violation of a Specific Safety Regulation (VSSR) claim.
Answer:
Workers' compensation laws are all state specific. Our answer here will refer to a VSSR claim and the intentional or criminal act. These are terms used broadly across the U.S., but may not be used in your specific state, although another term means the same thing. All states treat workers' compensation as a compromise of sorts giving the employer immunity from lawsuits by employees in return for mandatory inusrance coverage and quick resolution.
As a matter of policy, our courts and government will not allow employers to insure the business for liability imposed by an intentional or criminal act or for a knowing violation of a safety regulation. The thinking is that a business allowed to insure such risk, would knowingly violate the law and risk intentional injury on its employees.
Workers' compensation insurance covers only negligent injuries. Workers' compensation may not cover occupational disease.
If the employer commits an intentional or criminal act, resulting in employee injury, there is no workers' compensation coverage (theoretically; some states allow hybrid claims both at workers' compesation and through the courts), and, hence the employer immunity is not applicable. What this means is the employer can be sued in the courts for such a claim. What is an intentional or criminal act? It varies by state. Obviously, a manager running over an employee on purpose is a pretty criminal and intentional act. But, what about the company that allows maintenance schedules to be ignored. What about companies accused of taking specific actions that injure their employees? Are those criminal or intentional acts? Maybe, and it will depend on state law.
Because there are shades of gray, most workers' compensation insurance schemes allow the employer to remain immune from a lawsuit in court, but face heightened fines or payouts to the injured employee when a violation of a safety regulation has occurred. Sometimes called VSSR claims, the employer is accused of breaking a safety regulation in a knowing manner. For example, most safety regulations (such as OSHA) require harnesses and tie offs when employees work at heights. An employer has a crew performing work knowing they do not have harnesses because it's a "quick job." An injury occurs. That employee would be entitled to seek heightened injury compensation for such a knowing safety violation.
Both types of claims can result in serious financial penalties to the business. Business owners should discuss both types with their insurance professional and determine, based upon the state, what is covered under the workers' compensation policy and what is not.
Workers' compensation systems and workers' compensation insurance are business insurance systems designed to expedite compensation to injured employees. It is a bargain between employers and employees. Employers must maintain mandatory coverage and, in return, the employer cannot be sued over a workplace injury.
But, some cases fall outside of workers' compensation.
Here we look at two exceptions: the intentional/criminal act and the Violation of a Specific Safety Regulation (VSSR) claim.
Answer:
Workers' compensation laws are all state specific. Our answer here will refer to a VSSR claim and the intentional or criminal act. These are terms used broadly across the U.S., but may not be used in your specific state, although another term means the same thing. All states treat workers' compensation as a compromise of sorts giving the employer immunity from lawsuits by employees in return for mandatory inusrance coverage and quick resolution.
As a matter of policy, our courts and government will not allow employers to insure the business for liability imposed by an intentional or criminal act or for a knowing violation of a safety regulation. The thinking is that a business allowed to insure such risk, would knowingly violate the law and risk intentional injury on its employees.
Workers' compensation insurance covers only negligent injuries. Workers' compensation may not cover occupational disease.
If the employer commits an intentional or criminal act, resulting in employee injury, there is no workers' compensation coverage (theoretically; some states allow hybrid claims both at workers' compesation and through the courts), and, hence the employer immunity is not applicable. What this means is the employer can be sued in the courts for such a claim. What is an intentional or criminal act? It varies by state. Obviously, a manager running over an employee on purpose is a pretty criminal and intentional act. But, what about the company that allows maintenance schedules to be ignored. What about companies accused of taking specific actions that injure their employees? Are those criminal or intentional acts? Maybe, and it will depend on state law.
Because there are shades of gray, most workers' compensation insurance schemes allow the employer to remain immune from a lawsuit in court, but face heightened fines or payouts to the injured employee when a violation of a safety regulation has occurred. Sometimes called VSSR claims, the employer is accused of breaking a safety regulation in a knowing manner. For example, most safety regulations (such as OSHA) require harnesses and tie offs when employees work at heights. An employer has a crew performing work knowing they do not have harnesses because it's a "quick job." An injury occurs. That employee would be entitled to seek heightened injury compensation for such a knowing safety violation.
Both types of claims can result in serious financial penalties to the business. Business owners should discuss both types with their insurance professional and determine, based upon the state, what is covered under the workers' compensation policy and what is not.
