When Workplace Drama Gets Physical: Who Picks Up the Tab?

Sometimes, keeping tempers in check at work is easier said than done. But what happens when things get out of hand and someone ends up hurt? Do you have to cover workers’ comp benefits if a fight breaks out? Let’s dive into a case where one key detail made all the difference.

So, picture this: Steven Washington and Lamar Rogers, two employees at Gallo Mechanical Contractors in Louisiana, found themselves in a heated situation on December 7, 2015. It all started when Rogers hopped onto a shuttle driven by Washington to head to a job site. According to Rogers, Washington started verbally harassing him, talking about his time in prison and making some pretty graphic comments about how “big guys like [Rogers] would get raped all the time.” Rogers wasn’t having it and told Washington to cut it out. But when the trash talk didn’t stop, Rogers slapped Washington on the side of the head, and boom—a fistfight broke out.

Another employee on the shuttle backed up Rogers’ version of events. As a result, Washington ended up with injuries to his head, neck, back, and shoulders and decided to apply for workers’ comp. But Gallo Mechanical wasn’t ready to pay up. They argued that Washington started the fight, and since it was personal, not work-related, they shouldn’t be on the hook for benefits.

An administrative law judge agreed with the company, and Washington didn’t like that, so he took it to a state court. Washington claimed that since he was on the clock, getting paid, and behind the wheel when the fight kicked off, he deserved comp benefits.

The appeals court had to figure out if Washington’s injuries were work-related or just personal drama. They looked at previous cases involving workplace violence to make their decision:

• A nurse was stabbed in an elevator on her way to work by a random attacker. The court said it wasn’t work-related since she hadn’t started her job yet.
• Two workers threw punches over instructions given to their crew. That was considered work-related.
• A fight broke out between two employees over who had authority, and the court ruled it was work-related.
• Another fight happened over one worker taking the other’s delivery routes. That, too, was deemed work-related.

So, what’s the takeaway? If the brawl is tied to the job, workers’ comp might be in play. But if it’s just personal beef, the company might not have to pay. This case is a reminder that the details matter when it comes to workplace incidents.

Let’s keep things safe out there—and leave the fighting to the pros!