In our last post, we began writing about a case involving a health care worker who was injured by a mental health patient with a history of violent behavior. The injured employee is reportedly seeking compensation outside the workers’ compensation system on the grounds that the employer deliberately exposed him to an unsafe working condition, which ultimately led to serious, permanent injuries.
As we noted last time, it is not easy to make a viable case for deliberate intent. Certain requirements have to be met. For one thing, the unsafe working condition must meet a high enough threshold of risk and probability of serious injury. Demonstrating both points is not always possible, even in cases where a serious injury does actually occur.