Legal aspects of a workplace violence injury

This is the last in a four-part series of SFM blogs recapping our November 2024 webinar, De-escalation in the workplace, An SFM webinar for policyholders.

The final portion of SFM’s webinar on de-escalation focused on the legal aspects of a workplace violence injury.

Cheryl Bowsfield, Senior Defense Counsel with SFM’s in-house law firm, outlined the ways in which implementing workplace violence de-escalation practices and procedures can benefit an injured workers claim and your workers’ compensation policy.

She also discussed whether workplace violence injuries are compensable or not depending on the situation, and provided specific examples of incidents in certain industries:

  • Schools
  • Heath care facilities
  • Warehouses
  • Fast food establishments

An attorney with 26 years of experience in the field, Bowsfield also talked about workplace violence involving third-party individuals and the costs of litigated claims.

Lastly, the presentation wrapped up with action items employers can take regarding workplace violence and de-escalation. Watch the video above for details.

Check out the complete recording of webinar, and you can also peruse previous installments from our blog series on de-escalation:

Handling workplace violence claims

This is the third in a four-part series of SFM blogs recapping our November 2024 webinar, De-escalation in the workplace, An SFM webinar for policyholders.

The third segment of SFM’s de-escalation webinar focused on handling workplace violence claims.

SFM Claims Specialist Brian Fitzgerald, who has over 25 years of experience in the field, opened his portion of the presentation by discussing how SFM ensures claims are handled effectively:

  • Medical-only claim reps – focus on medical claims
  • Lost-time claim rep – focuses on medical and lost-time claims
  • Bill review – ensures bills are accurate and timely
  • Nurse Case Managers – review recommendations for optimal care and return to work
  • Doctors – consults to ensure optimal care leads to return to work
  • Independent medical exam – used for second opinions
  • Medical/legal review – involves several parties to determine the best plan

Fitzgerald then provided a rundown of workers’ compensation law and different types of claims, as well as the direct and indirect costs of a workplace injury.

Due to the types of injuries and issues that can that occur from workplace violence (concussions or PTSD, for example), these cases can result in longer timelines before closure.

“The absence of a de-escalation program can exacerbate these claims in both complexity and costs,” Fitzgerald said. “These claims have significant implications for all involved.”

He wrapped up his portion of the webinar with the impacts of litigated claims and the benefits of return-to-work programs.

Check out the complete recording of webinar and view other posts in our blog series highlighting the presentation:

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