An American Airlines Employee conflict resulted in a stabbing injury.
Was this a workers’ compensation injury?
It is reported that there was a dispute between two American Airline Employees at Boston Long International Airport. The dispute escalated into physical confrontation. One worker was stabbed by a multi-use tool and taken to the hospital with non-life threatening injuries. Foxnews.com
Can A Dispute Between Employees Be A Work-Related Injury?
Yes. In the instant fact pattern, a dispute in the workplace during work hours would be an event that would be considered as work-related for the purposes of workers’ compensation.
Can a Physical Altercation Bar A Workers’ Compensation Claim?
Yes. California Labor Code Section 3600(a)(7) provides that “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.” Thus, if the Employee who was stabbed had thrown the first punch in the altercation, there is the possibility that their workers’ compensation claim could be barred. The issue of who was legally the initial physical aggressor is a matter determined by a Judge. A tri It is important to note that it is the “physical” aggressor who is barred. Thus, someone initially verbally insulting someone and causing the altercation would not be barred.
What If I Need Advice?
If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.