Can I Sue for Injuries Sustained During an Active Shooter Drill at Work?

Active shooter drills have become commonplace in workplaces across California as employers seek to prepare employees for potential emergencies. While these drills serve an important safety purpose, they can sometimes result in real injuries when conducted improperly or without adequate safety precautions. If you suffered harm during a workplace active shooter drill, you may have legal options for recovering compensation, though the path forward depends on several factors unique to your situation.

At Younglove Law Group, our personal injury attorneys understand the complex legal issues that arise when workplace safety measures cause the very harm they aim to prevent. With over $50 million recovered for injured clients throughout California, we know how to evaluate these claims and pursue all available avenues for compensation. Our team provides compassionate guidance while fighting aggressively for the financial recovery you need to move forward after a workplace injury.

Understanding Workplace Injuries During Safety Drills

Active shooter drills can involve various scenarios, from simple evacuation procedures to elaborate simulations with actors and props. The more realistic these drills become, the greater the risk of actual injury. Common injuries during these drills include falls while evacuating, crush injuries in crowded stairwells, panic attacks, psychological trauma, and physical harm from improperly used props or equipment.

California law requires employers to maintain safe working conditions, and this duty extends to training exercises and emergency drills. Employers must design and conduct drills in ways that minimize risk to employees. When drills are poorly planned, inadequately supervised, or executed without proper safety measures, resulting injuries may give rise to legal claims.

The legal framework for these cases differs from typical workplace accidents because California’s workers’ compensation system generally provides the exclusive remedy for on-the-job injuries. However, important exceptions can allow injured employees to pursue additional compensation beyond workers’ compensation benefits. Understanding these exceptions proves critical to maximizing your recovery.

Workers’ Compensation vs. Personal Injury Claims

Most workplace injuries in California fall under the workers’ compensation system, which provides medical benefits and partial wage replacement regardless of fault. Workers’ compensation offers faster access to benefits but typically prohibits employees from suing their employers for additional damages like pain and suffering. This trade-off forms the foundation of California’s workers’ compensation bargain.

However, several exceptions can allow injured workers to pursue personal injury claims outside the workers’ compensation system. If your employer acted with deliberate intent to cause injury or engaged in conduct substantially certain to result in harm, you may be able to file a civil claim. Proving deliberate intent requires showing the employer knew the drill posed serious danger and consciously disregarded that risk.

Third-party liability provides another avenue for compensation. If someone other than your employer caused your injuries during the drill, you can pursue a personal injury claim against that party while still receiving workers’ compensation benefits. Third parties might include contractors hired to conduct the drill, security companies, property owners, or manufacturers of equipment used during the exercise.

Common Scenarios Leading to Drill Injuries

Physical injuries during active shooter drills often result from panic and rushed evacuations. Employees may fall on stairs, suffer crush injuries in doorways, or sustain sprains and fractures while trying to hide or barricade doors. These injuries can be severe, requiring surgery, physical therapy, and extended time away from work. When inadequate planning or poor communication contributes to these accidents, liability may extend beyond the workers’ compensation system.

Psychological harm can be just as significant as physical injuries. Realistic drills can trigger severe anxiety, panic attacks, and post-traumatic stress, particularly in employees who have experienced violence in the past. Employers who fail to provide advance notice, offer opt-out provisions for vulnerable employees, or conduct drills with unnecessary realism may face liability for the emotional trauma they cause.

Equipment failures or misuse can lead to serious injuries. Props that appear realistic but lack proper safety features, simulation devices that malfunction, or training weapons handled improperly can all cause harm. When product defects contribute to injuries, manufacturers may bear liability separate from workers’ compensation.

Employer Responsibilities and Potential Liability

California employers must conduct active shooter drills in accordance with workplace safety regulations. This includes providing clear instructions, ensuring adequate supervision, accommodating employees with disabilities or trauma histories, and using appropriate safety equipment. Employers who cut corners or prioritize realism over safety may breach their duty of care.

Adequate planning requires assessing workplace layout, employee physical capabilities, and potential hazards before conducting drills. Employers should provide advance notice, explain procedures clearly, and ensure supervisors understand their roles. Failure to take these basic precautions can demonstrate the kind of gross breach that overcomes workers’ compensation exclusivity in some cases.

Training facilitators bear responsibility for conducting drills safely. If your employer hired outside consultants or security firms to run the drill, these third parties owe a duty of care to participants. Their breach of this duty can form the basis for a personal injury claim that exists alongside your workers’ compensation benefits.

Pursuing Compensation for Your Injuries

If you suffered injuries during an active shooter drill, you should file a workers’ compensation claim promptly. This claim can provide medical coverage and partial wage replacement while you recover. However, workers’ compensation may not fully address your damages, particularly if you suffered severe physical injuries or significant psychological trauma.

Evaluating potential third-party claims requires examining who designed the drill, provided the equipment, or controlled the premises where it occurred. Security companies, training consultants, equipment manufacturers, and property owners can all potentially bear liability. These claims can provide compensation for pain and suffering, full lost wages, and other damages workers’ compensation does not cover.

Documenting your injuries and their connection to the drill proves essential for any claim. Seek immediate medical attention and ensure your healthcare providers document that your injuries occurred during the workplace drill. Collect witness statements from coworkers who observed what happened. Photograph visible injuries and any hazardous conditions that contributed to the accident.

Preserve all evidence related to how the drill was planned and executed. Written drill procedures, emails about the exercise, and training materials can all support your claim. If the drill involved outside vendors, their contracts and safety protocols may reveal important information about who bears responsibility for your injuries.

Contact Younglove Law Group About Your Workplace Drill Injury

Cases involving injuries from workplace safety drills present unique legal challenges that require careful analysis of workers’ compensation law, employment regulations, and premises liability principles. Insurance companies and employers often defend these claims vigorously, hoping injured workers can accept limited workers’ compensation benefits without exploring other legal options.

Our attorneys can evaluate your case to determine all available sources of compensation. We handle personal injury cases on a contingency fee basis, meaning you pay no legal fees unless we recover compensation for you. This arrangement allows you to access experienced legal representation without financial stress while you focus on healing. Our team has the knowledge and resources to take on employers, insurance companies, and third parties to fight for the full compensation you deserve. Get in touch with Younglove Law Group today to discuss your workplace drill injury and learn how we can help you pursue justice.