Workplace violence is traumatic—whether you’re physically attacked, threatened, or even just witness a violent act. What many California workers don’t realize is that you may be entitled to workers’ compensation benefits, including medical care, lost wages, and potentially permanent disability.
At Employees First Labor Law, we’ve helped workers recover benefits after robberies, assaults, threats, and even violent outbursts by coworkers or customers. This guide explains your rights if you were the victim—or even just a witness—of a violent act at work.
What Counts as a Violent Workplace Incident?
Violence at work doesn’t have to mean a shooting or armed robbery (though those certainly qualify). Other examples include:
- Physical assaults by customers, coworkers, or supervisors
- Robbery attempts while on duty (especially for retail, delivery, or security workers)
- Sexual assaults or groping in the workplace
- Threats of violence that cause serious emotional distress
- Witnessing a coworker being attacked or killed
- Being present during a violent altercation (even if uninjured)
✅ California workers’ comp law recognizes both physical and psychiatric injuries stemming from violent incidents on the job.
If You’re the Victim: What Workers’ Comp Covers
If you’re physically injured during a violent event—such as a robbery, mugging, or assault—you’re entitled to full workers’ compensation coverage, including:
- Medical treatment (ER visits, surgery, therapy)
- Temporary disability payments while you recover
- Permanent disability benefits if your injury causes lasting impairment
- Mental health treatment for PTSD, anxiety, or depression
Emotional Trauma Can Lead to Permanent Disability Too
Severe emotional harm from workplace violence can qualify for permanent psychiatric disability under California law. If your doctor finds that you’ve suffered long-term mental impairment, you may be eligible for:
- A Whole Person Impairment (WPI) rating
- Permanent disability payments based on the percentage of impairment
- Vocational rehabilitation or job retraining, if you cannot return to your old job
Witnessing Violence Can Be Compensable Too
You don’t need to be physically touched to suffer serious harm. Workers who witness violent events—especially if they fear for their lives—can suffer:
- Post-traumatic stress disorder (PTSD)
- Panic attacks
- Sleep disturbances
- Ongoing anxiety and fear
To qualify for a psychiatric injury under California Labor Code § 3208.3, the incident must be:
- Predominantly work-related (at least 51%)
- Diagnosed by a licensed physician or psychologist
- Supported by substantial evidence (such as incident reports, witness statements, or medical evaluations)
If a coworker was attacked or killed, or you saw a gunman or violent customer, you may be entitled to mental health treatment and disability benefits through workers’ comp.
Can My Employer Deny My Claim?
They might try—but you shouldn’t let them.
Some employers and insurance companies will argue:
- “It wasn’t work-related”
- “You were off the clock”
- “You’re exaggerating or making it up”
- “There’s no physical injury, so it doesn’t count”
These are common tactics—but they’re not legal justifications. California law explicitly protects workers who suffer mental or physical injuries from violence at work.
Can I Sue My Employer or the Attacker?
In most cases, workers’ compensation is your exclusive remedy against your employer. However, in some cases you may also have a:
- Civil lawsuit against a third-party attacker
- Negligent security claim if your employer failed to prevent foreseeable violence
- Sexual harassment or assault claim if the attack was sexually motivated
We often pursue both a workers’ comp claim and a civil case where possible to maximize recovery.
What to Do If You Witness or Experience Workplace Violence
- Report the incident immediately to HR, your supervisor, or security
- Document everything: who, what, when, where, and any witnesses
- Seek medical care—even for emotional trauma
- File a workers’ comp claim (DWC-1 form) as soon as possible
- Contact a workers’ comp attorney to protect your rights
Real Examples of Settlements for Workplace Violence
| Case Type | Description | Settlement |
|---|---|---|
| Robbery victim at gas station | Physical assault & PTSD | $125,000 |
| Security guard assaulted by customer | Fractured wrist & depression | $150,000 |
| Nurse witnessed coworker attacked | Ongoing anxiety & WPI rating | $98,000 |
| Delivery driver attacked with weapon | Severe trauma & PTSD | $175,000 |
How Employees First Labor Law Can Help
You don’t have to face this alone. At EFLL, we understand the trauma that workplace violence causes. Our team works aggressively to secure:
- Full medical and psychiatric care
- Maximum temporary and permanent disability benefits
- Strategic use of psychological QME/PQME evaluations
- Additional claims for retaliation, if you’re mistreated for reporting it
We’ll fight for your safety, your rights—and your dignity.
Talk to a Workers’ Compensation Lawyer Today
If you were assaulted, threatened, or witnessed a violent act at work, you may be entitled to significant workers’ comp benefits, including psychiatric treatment and long-term compensation.
👉 Contact Employees First Labor Law now for a free, confidential consultation.
Your recovery matters—and you don’t have to carry the trauma alone.
