Tragic incidents at work, including employee shootings, often result in workers compensation claims.
Earlier this year, the claim of an Orlando rental car company employee who was approved for workers compensation benefits after being shot while walking between his desk in a hotel and an office in a neighboring building was ultimately denied after a long court battle.
Mohammed Bouayad failed to prove his gunshot injuries arose out of his employment, a Florida District Court of Appeal panel ruled in August, simultaneously asking the Florida Supreme Court to rule on whether injuries caused by third-party individuals entitle an employee to workers comp benefits if the injury occurs while the claimant is at their workplace.
The story about the appeals court ruling was the most-read workers compensation-related story on Business Insurance’s website in 2023.
Mr. Bouayad’s employer, Value Car Rental LLC, had appealed a workers comp judge’s decision permitting benefits, arguing evidence in the case had pointed to a possible personal reason behind the attack. The appellate panel agreed, and in October denied a request to have the full court revisit the case.
The state high court action is still pending.
The case wasn’t the only one in 2023 that dealt with workplace shootings. In November, the Tennessee Workers’ Compensation Appeals Board ruled that a court prematurely decided in favor of an employer that challenged workers comp benefits for an employee injured during a workplace discussion over a private gun sale on the premises.
Also in November, a Virginia judge ruled that a former elementary school teacher could move forward with her $40 million lawsuit over injuries she suffered after being shot by a 6-year-old student in the classroom.
In another Virginia ruling favoring an employee, a judge ruled that the case of a Walmart worker who sued the retailer for $50 million after being shot at by a coworker could proceed outside of workers comp.