Question

In the attacks on the World Trade Center alone on September 11th, 2001, there were 2,606 deaths, and over 6,000 injuries. Assume a worker is injured as she is escaping from the building before the collapse.

1) Would she be able to file a worker's compensation claim for a job-related injury due to terrorist attacks?

2) Are terrorist attacks foreseeable by businesses operating in tall buildings?

3) What of the victims of the San Bernadino attacks in 2015, are those workers eligible for worker's compensation?

4) Would the employee be able to sue her employer because of their failure to provide adequate safeguards for a terrorist or mass shooting?

Answer 1

Employers are morally obliged to take good precautions and ensure that places of employment are secure. Yet injuries do happen. Workers' compensation policy includes protection when they do.

Workers' insurance schemes are set out in every jurisdiction by legislation. The system is governed by state legislation and court rulings in that state and no two states have precisely the same rules and regulations. States specify such things as the number of insurance of which an individual is eligible, what impairments and disabilities are compensated, how to identify impairments and whether to provide medical treatment. Furthermore, they decide whether workers' compensation insurance is administered by state-run agencies and private insurance providers, or by the agency itself.

As the employee cited was on the job at the time of the assault, so the company will say the injury she suffered during the period irrespective of personal health. In turn, the aforementioned attack was for the general purpose and so a single organization can not be sued against it because the risk control component in terms of workplace compensation against such liabilities can be mitigated by third party employment insurance companies.

Terrorist threats are not limited only to tall buildings. It can be done anywhere they think it necessary to terrorise. Malls, Bars, Shootouts, Rockets, Aeroplanes, etc. have seen it. So to say that terrorist attack on Twin Towers was because of being tall in structues is not proper in this context.

On December 2, 2015, 14 people were killed and 22 others were seriously injured in a terrorist attack consisting of a mass shooting and an attempted bombing at the Inland Regional Center in San Bernardino, California.On the one-year anniversary of the attack, it was reported that a number of survivors were accusing San Bernardino County of cutting off support for them. This included a lack of access to counseling or antidepressant medication, the injured attempting to get surgeries approved and physical therapy covered, a lack of assistance in dealing with a complex compensation workers' program, and health insurers refusing to cover injuries because they occurred during an act of workplace violence. A county spokesman denied the accusations and said, "The county is, and always has been, committed to ensuring our employees get all the care they need.

Employers can not be sued against any terrorist attacks as they are political in nature. It is duty of the state authorities to provide laws in safeguarding the interests of companies and organisations under these terrorist attacks. Howover the legislation requires that employers in both the private and public sectors take immediate action in the event an employee is injured in an act of terrorism. It is a state of emergency.

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