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Defending Workers’ Compensation Claims in Workplace Violence Cases: Legal Considerations, Employer Responsibilities, and Strategic Defenses

2025-04-29 13:00:00

2025-04-29 13:00:00

2 Credits

Comprehensive guide to defending workplace violence claims, covering OSHA investigations, compensability standards, intentional tort liability, and employer response strategies.

2025-04-29 13:00:00

Comprehensive guide to defending workplace violence claims, covering OSHA investigations, compensability standards, intentional tort liability, and employer response strategies.

2025-04-29 13:00:00

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Trusted by Legal Professionals

Course Overview

Defending Workplace Violence Workers' Compensation Claims

Participants will learn strategies for defending workers’ compensation claims arising from workplace violence incidents. Key areas include OSHA investigations, compensability analysis, intentional tort liability, and employer response protocols.

Key topics that will be covered

What will you learn

Attorneys will learn how to defend workers' compensation claims from workplace violence, including OSHA's role, compensability frameworks, employer intentional tort liability, and wrongful death actions.

What will you gain

Attorneys will gain practical strategies for investigating workplace violence claims, managing OSHA inspections, collecting evidence, conducting depositions, and advising employers on risk mitigation.

OSHA Compliance
Understanding OSHA’s general duty clause and workplace violence directive requirements.
Compensability Analysis
Applying the two-part test for determining if workplace assaults are covered.
Intentional Tort
Defending employer intentional tort claims using causation and foreseeability arguments.
Evidence Collection
Obtaining OSHA files, police reports, HR records, and employee statements.
Litigation Strategy
Conducting depositions and using police findings to defend claims.
Employer Response
Advising employers on compassionate responses that reduce litigation exposure.

What will you learn

Attorneys will learn how to defend workers' compensation claims from workplace violence, including OSHA's role, compensability frameworks, employer intentional tort liability, and wrongful death actions.

What will you gain

Attorneys will gain practical strategies for investigating workplace violence claims, managing OSHA inspections, collecting evidence, conducting depositions, and advising employers on risk mitigation.

Agenda

Session 1

Defining Workplace Violence and Workers' Compensation Compensability

Session 2

Third-Party Liability and Intentional Tort Exclusions Overview

Session 3

Investigating Claims: Evidence and Litigation Strategies

Break

Break

Session 4

Regulatory Compliance and Employer Safety Responsibilities

Session 5

Risk Mitigation Best Practices for Employers

clock 1:00 pm - 1:20 pm EST

Defining Workplace Violence and Workers' Compensation Compensability

Scott W. Gedeon

Ogletree Deakins

This session explores OSHA’s role in workplace violence investigations and the general duty clause framework for employer liability. Attendees will learn the two-part test for determining whether workplace assaults are compensable and how to distinguish work-related disputes from personal conflicts.

Scott W. Gedeon

Ogletree Deakins

clock 1:20 pm - 1:40 pm EST

Third-Party Liability and Intentional Tort Exclusions Overview

Scott W. Gedeon

Ogletree Deakins

This session examines the workers’ compensation bar and its exceptions, focusing on employer intentional tort claims and wrongful death actions. Participants will understand the heightened pleading standards, causation defenses, and how insurance coverage varies between negligence claims and intentional torts.

Scott W. Gedeon

Ogletree Deakins

clock 1:40 pm - 2:00 pm EST

Investigating Claims: Evidence and Litigation Strategies

Scott W. Gedeon

Ogletree Deakins

This session covers best practices for obtaining and using OSHA inspection files, police reports, and HR records in workplace violence cases. Attendees will learn effective deposition strategies and evidence collection techniques including managing employee interviews during investigations.

Scott W. Gedeon

Ogletree Deakins

clock 2:00 pm - 2:10 pm EST

Break

Scott W. Gedeon

Ogletree Deakins

A short break allowing attendees to refresh before continuing with the remaining sessions on regulatory compliance and risk mitigation strategies.

Scott W. Gedeon

Ogletree Deakins

clock 2:10 pm - 2:40 pm EST

Regulatory Compliance and Employer Safety Responsibilities

Scott W. Gedeon

Ogletree Deakins

This session addresses when OSHA citations are likely and employer obligations when threats are made in the workplace. Participants will learn documentation requirements, appropriate responses to active threats, and how to utilize available resources including law enforcement and EAP programs.

Scott W. Gedeon

Ogletree Deakins

clock 2:40 pm - 3:10 pm EST

Risk Mitigation Best Practices for Employers

Scott W. Gedeon

Ogletree Deakins

This session explores state-specific considerations for assault compensability and psychological-only claims across jurisdictions. Attendees will learn recommended approaches for responding to workplace violence fatalities and how compassionate employer responses can positively impact litigation outcomes.

Scott W. Gedeon

Ogletree Deakins

01 06
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Scott W. Gedeon

Ogletree Deakins

Scott W. Gedeon

Ogletree Deakins

Scott Gedeon is a trial attorney who defends companies ranging from small family-held businesses to Fortune 500 global enterprises, specializing in employment litigation and workers’ compensation defense with a proven track record of defense verdicts in high exposure cases.

Professional Involvement

Regularly counsels employers on workplace safety issues including OSHA compliance and proactive measures to mitigate workplace violence and accident litigation.

Experience

Has obtained several defense verdicts for employers in high exposure cases involving claims of serious workplace injury and disability. Handles complex multi-party employment litigation and maintains an active workers' compensation defense practice helping employers in Ohio and across the nation. Has been involved in hundreds of workers' compensation appeals related to allegations of occupational injury and disease, with an emphasis on healthcare, manufacturing, restaurant, food service, education and retail industries.

Scott W. Gedeon

Ogletree Deakins

Scott Gedeon is a trial attorney who defends companies ranging from small family-held businesses to Fortune 500 global enterprises, specializing in employment litigation and workers’ compensation defense with a proven track record of defense verdicts in high exposure cases.

Professional Involvement

Regularly counsels employers on workplace safety issues including OSHA compliance and proactive measures to mitigate workplace violence and accident litigation.

Experience

Has obtained several defense verdicts for employers in high exposure cases involving claims of serious workplace injury and disability. Handles complex multi-party employment litigation and maintains an active workers' compensation defense practice helping employers in Ohio and across the nation. Has been involved in hundreds of workers' compensation appeals related to allegations of occupational injury and disease, with an emphasis on healthcare, manufacturing, restaurant, food service, education and retail industries.

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Why Attend

Why this 
program matters

Understanding workplace violence in workers’ compensation claims is essential for attorneys to properly evaluate compensability, navigate exclusivity exceptions, and defend against intentional tort and wrongful death actions.
740
Workplace fatalities were caused by violent acts in the United States in 2023, according to the Bureau of Labor Statistics.
2M+
American workers are affected by workplace violence annually, according to OSHA.
73%
Of all nonfatal workplace injuries and illnesses due to violence were experienced by healthcare workers in 2018, per the Bureau of Labor Statistics.
57k+
Nonfatal cases of workplace violence requiring days away from work occurred in 2021-2022, according to Bureau of Labor Statistics data.

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