Question on HCP and Employers

[chipperi]

I've been Google'ing for a while now and can't find anything. Does anyone know if an employer has ever lost a substantial lawsuit due to their firearms policy?

Say I am driving to work and get carjacked shot and wounded. How much of a case would I have if I sue on the basis of, I have a TN HCP but I was in transit to work, since my employer prohibits firearms on the property I could not carry to defend myself. Therefore their policy endangered my life off of company grounds.

 

[another okie]

I don't know of one. I'm a lawyer and have been for 24 years and I've never heard of one.

Most employees who are shot are going to be limited to the exclusive remedy under worker's compensation laws, which provides a very limited cash payout. (There are exceptions, of course.)

You can always sue the shooter himself in civil court, but most criminal shooters are not exactly flush with cash.

In the scenario you outline you would probably not even be covered by worker's compensation, since the injury did not arise out of or in course of employment.

The additional problem is that the employer did not create the risk, and has no duty to protect you from it. Although the exceptions get all the publicity, in general we are not responsible for the actions of others.

I suppose they would also argue that you could park off premises or stash the gun with someone near the workplace.

 

[Savage3006]

Who is going to spend the money and go after the employer? Here in Massachusetts, the Mass highway department wants to take away the gun the toll collectors were allowed to carry. If one of the toll collectors is attacked, I hope their union will do something about it.

 

[thebaldguy]

I have heard that many companies settle out of court with workplace violence; I think most states have laws that require employers to maintain a safe workplace while you are at work. As far as traveling to/from work, you may be on your own.

 

[another okie]

Yes, they do often settle out of court. Most worker's compensation cases are settled out of court (in states like Oklahoma with comp. court systems) or administratively (in states such as Missouri), because there is often a schedule of damages, so there really is nothing to litigate other than whether the accident arose out of employment.