If you’ve been physically attacked, threatened, or assaulted on the job, you may be wondering:
“Does workers’ comp cover workplace violence?”
In California, the answer is often yes — but it depends on the context of the attack.
At Employees First Labor Law, we’ve represented victims of workplace violence in industries like healthcare, education, retail, and construction. We help injured workers get full benefits — even in cases where the employer denies liability.
🔹 When Does Workers’ Comp Cover Workplace Assault?
Under California law, you’re eligible for workers’ compensation if your injury arises out of and in the course of your employment.
That includes:
- Assaults by coworkers, clients, or patients
- Violence due to workplace duties
- Attacks occurring on the job site or during work hours
Examples:
- A nurse assaulted by a patient
- A retail worker punched by a shoplifter
- A rideshare driver attacked by a passenger
- A teacher injured breaking up a student fight
These injuries are typically covered — regardless of who was “at fault.”
🔹 When Is Workplace Violence Not Covered?
Workers’ comp may deny your claim if:
- The assault was purely personal (e.g., a jealous ex or family feud)
- The injury occurred off-duty or off-site without job connection
- You instigated the violence or violated workplace policy
However, even in complex cases, we can often argue:
- The attacker used your employment to access you
- The job context escalated the conflict
- You were placed in unsafe working conditions
🔹 Benefits You Can Receive After a Workplace Assault
If approved, you may qualify for:
- Temporary disability benefits (lost wages while you recover)
- Medical treatment (ER visits, surgery, psych therapy, etc.)
- Permanent disability benefits (for long-term effects)
- Psychological care (PTSD, anxiety, depression)
- Vocational rehab (if you can’t return to your job)
📌 You may also have a civil lawsuit if:
- Your employer failed to prevent foreseeable violence
- You were injured by a third party (e.g., customer, intruder, contractor)
- Your employer retaliated against you for reporting the assault
🔹 We Handle Both Workers’ Comp and Civil Assault Claims
At EFLL, we are uniquely qualified to handle workplace assault cases because:
- We have a top-tier workers’ comp team
- We also have a powerful civil employment law team that handles:
- Retaliation
- Unsafe work conditions
- Negligent supervision
- Wrongful termination
- Disability discrimination after injury
This means we can fight on both fronts — and maximize your total compensation.
✅ Your Safety Matters. Your Rights Matter.
Don’t let your employer downplay or deny a workplace assault.
You have the right to medical care, lost wages, and legal protection. And in many cases, you may also have a right to sue.
📞 Call EFLL Now
📩 Submit Your Case Confidentially
