Injury From Assault During Employment

Injury from assault arises from employment where the risk of harm is inherent in the nature of the employment. The most obvious example of inherent risk of assault exists in employment as a peace officer including police officers, sheriff’s deputies, prison guards and even private security guards so long as the attack on the guard is not personal in nature.

The law further recognizes the inherent risk of assault in jobs dealing with the possession or transport of money, such as a bank employee, as well as jobs exposing employees to potential chaos, such as a bartender. Inherent risk may further arise from employment by virtue of a requirement to perform job duties in dangerous conditions, such as in a dangerous part of town or at night.

While an attack arising out of employment by virtue of the inherent risk of any particular job is compensable, most other attacks for personal reasons are not compensable. The rationale is that such an attack is equally likely to occur in another setting and the mere fact that of its occurrence within the employment setting does not change the nature of the attack from personal to employment-related.