Witness or Experience a Violent Act at Work? (Guide)

If you were attacked, threatened or forced to watch a violent act while working in California, you can generally file a workers’ compensation claim for your physical injuries and for the psychological harm that followed, such as PTSD, anxiety or depression. California law makes psychiatric claims easier to prove when they come from a significant violent act. Report what happened, get medical care and file a claim form as soon as you can.

What counts as a violent act at work

Workplace violence takes many forms. Claims often arise from:

• A physical assault by a customer, patient, coworker, supervisor or stranger
• A robbery or attempted robbery while you are on duty, common in retail, gas station, delivery and security jobs
• Sexual assault or unwanted touching at work
• Threats of violence, especially threats involving a weapon
• Seeing a coworker or customer attacked, seriously injured or killed
• Being present during a shooting, stabbing or violent fight, even if you were not hurt

The injury generally has to arise out of and happen in the course of your work. An attack in the parking lot as you arrive for a shift, or by a customer you are serving, will often qualify. A dispute that is purely personal and only happens to play out at work is harder, and insurers often contest those claims.

Physical injuries: what workers’ comp provides

If you were hurt in an attack, workers’ comp generally covers:

• Medical treatment reasonably required to cure or relieve the injury, from emergency care to surgery, therapy and medication.
• Temporary disability (TD) while you can’t work: two-thirds of your average weekly wage, within limits. For injuries in 2026, TD is at least $264.61 and at most $1,764.11 a week. See our guide to temporary disability benefits.
• Permanent disability if you are left with a lasting impairment.
• A $6,000 job displacement voucher for retraining if you have permanent partial disability and your employer doesn’t offer suitable work (injuries on or after January 1, 2013).

Physical and psychiatric injuries from the same incident should both be listed on your claim. Insurers sometimes accept the broken wrist and fight the PTSD.

Psychiatric injuries after violence, including for witnesses

California treats a psychiatric injury as compensable if it is a diagnosed mental disorder that causes disability or a need for treatment (Labor Code §3208.3(a)). The usual test is demanding: you must show that actual events of employment were predominant as to all causes combined, which in practice means more than 50 percent.

Violence changes that. Under §3208.3(b)(2), if you were a victim of a violent act or were directly exposed to a significant violent act, you only need to show that work was a “substantial cause” of the injury, defined as at least 35 to 40 percent of the causation from all sources combined. That lower bar can apply to a worker who was not touched but saw the attack up close.

Two other rules often matter:

• The six-month rule. Psychiatric claims usually require at least six months of employment with that employer. The rule does not apply if the injury was caused by a sudden and extraordinary employment condition, and a robbery or shooting is often argued to be exactly that (§3208.3(d)).
• Permanent disability for the psychiatric injury. For injuries on or after January 1, 2013, a psychiatric disorder that grows out of a physical injury generally cannot raise your permanent disability rating. That limit does not apply when the psychiatric injury resulted from being a victim of, or directly exposed to, a significant violent act, or from a catastrophic injury (Labor Code §4660.1(c)).

Here is a hypothetical. Dana works the night shift at a convenience store. A man points a gun at her coworker and empties the register while Dana stands a few feet away. She is not touched, but she starts having panic attacks and can’t sleep. She has worked there only four months. Because she was directly exposed to a significant violent act, she may be able to meet the lower “substantial cause” standard, and the sudden and extraordinary nature of an armed robbery may get her past the six-month rule. Our guide to workers’ comp for PTSD and trauma covers psychiatric claims in more depth.

What to do after a violent incident, step by step

1. Get safe and get care. Go to an emergency room or urgent care if you are hurt. Tell the provider it happened at work. If you are shaken but not physically injured, still ask for a mental health evaluation.
2. Report it in writing. Tell your supervisor or HR and follow up by email or text. Labor Code §5400 calls for written notice within 30 days of the injury. If police responded, write down the report number.
3. Ask for a DWC-1 claim form and file it. Your employer must give you a claim form within one working day of learning of the injury (Labor Code §5401). Once you file, your employer must authorize treatment within one working day, up to $10,000, while it decides whether to accept the claim (Labor Code §5402(c)). If it doesn’t deny the claim within 90 days, the injury is presumed compensable. See our DWC-1 claim form guide.
4. List every injury. Include physical injuries, emotional symptoms, sleep problems and anything else that started after the incident.
5. Keep a record. Save the names of witnesses, photos, texts about the incident, any security footage request, and a short journal of your symptoms.

Your employer’s safety duties

Under Labor Code §6401.9, in effect since July 1, 2024, most California employers must have a written workplace violence prevention plan, keep a violent incident log, train employees and investigate incidents. According to Cal/OSHA’s workplace violence guidance, the plan must include procedures to prohibit retaliation against employees for reporting workplace violence, and employees and their representatives can request violent incident logs and related records, which must be provided within 15 calendar days.

Your employer, or a union that represents you, can ask a court for a workplace violence restraining order to protect employees (Code of Civil Procedure §527.8). You must be given a chance to decline to be named in the order.

If you or a family member was the victim of a violent act, you may also be entitled to time off for medical care, counseling, court appearances, safety planning and similar needs (Gov. Code §12945.8). Some of these rights apply to employers with 25 or more employees, and employers may not retaliate against you for using them.

Common insurer arguments and how workers respond

• “It was a personal dispute.” Witness statements and the incident report can show the attack was tied to your job duties, such as handling cash, enforcing rules or serving the public.
• “You weren’t hurt, so there’s no injury.” A diagnosed psychiatric injury is a compensable injury even with no physical harm, and the violent act standard is lower.
• “You haven’t worked here six months.” The sudden and extraordinary exception may apply.
• “Your symptoms come from something else.” Under the violent act rule, work does not have to be the main cause, only a substantial one.

Claims outside workers’ comp

Workers’ comp is usually your only remedy against your employer (Labor Code §3602). There are narrow exceptions, including injuries caused by a willful physical assault by the employer. You may also be able to sue the attacker, or a third party such as a property owner or security company whose negligence allowed a foreseeable attack, while your workers’ comp claim continues. If the attack was sexual, separate harassment claims may apply; see our sexual harassment page and our guide to suing outside of workers’ comp.

Frequently asked questions

Can I get workers’ comp if I only witnessed the violence?

Often, yes. If you were directly exposed to a significant violent act and developed a diagnosed psychiatric injury, you may qualify under the lower “substantial cause” standard in Labor Code §3208.3(b)(2).

Do I need a police report to file a claim?

No, but a police report, incident report or witness statement makes the claim much easier to prove. Ask for a copy or the report number.

Can I be fired for filing a claim after an assault?

Firing or punishing you because you filed a workers’ comp claim can violate Labor Code §132a. Reporting workplace violence is also protected under your employer’s prevention plan rules.

How long do I have to file?

Give written notice to your employer within 30 days and file your claim form as soon as possible. The general deadline to start proceedings with the Workers’ Compensation Appeals Board is one year from the date of injury, or from the last benefit payment or treatment provided (Labor Code §5405).

Can I estimate my benefits?

Yes. Our free workers’ comp benefits calculator estimates temporary disability based on your wages.

Talk to a California workers’ comp lawyer

Employees First Labor Law represents workers exclusively, including workers hurt or traumatized by violence on the job. We offer free virtual consultations to review your claim and your options. Contact us online or call (310) 853-3461.

This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.