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.