What is the name of your state (only U.S. law)? Alaska
My work place has a no firearms policy. If I am injured on company property due to an assult that security fails to prevent can I sue for punitive damages because their company policies disarmed me and their security failed to protect me? Or would I be limited to workers comp?
Let me tell you a story:
One day Joe went to work. Bob was also working the same shift. Bob and Joe have had some personality conflicts and verbal disagreements. This shift was no different.
Bob pushed Joe (if you believe Bob, it wasn't a push it was inadvertent contact). Joe produces a small caliber handgun and shoots at Bob, striking Bob in the forehead (thank God it was basically a flesh wound). Joe claimed he was afraid for his life (Bob is 250-300#, Joe is 185. Bob is 6 ft plus tall, Joe is 5'9"-5'11")
While investigating the work comp claim of Joe (after all he was injured at work), Bob also filed a claim alleging that he sustained injuries when Bob pushed him.
So, who's claim was accepted? Was either claim denied?
Bob's claim was accepted. Joe's claim was not. Joe was found to be the primary aggressor (in this instances, previous run-ins between the two, Bob had been the aggressor).
Bob did not face any legal repercussions for shooting his co-worker. Joe did not face any legal repercussions for being primary aggressor.
And since the state that this happened in is/was a "exclusive remedy" state--there could be no other remedies pursued by either Bob or Joe.
(and the company both worked for had/has a "no weapons policy"---however, since the state also has some pretty liberal CCW and liberal carry laws period it is a good bet that at least one person on the company property is carrying a weapon; whether it is employee or customer). Also, the state is a big "Castle Doctrine" state.
If you are that afraid of someone at your job, you need to be working with HR/Personnel to try and remedy the situation--or you need to find another job.
ETA: There's a lot more to the story. Some of which is public record, because this was pretty big news at the time. I can gladly provide links to the media stories. I was the examiner on the claim)
