Workplace Assaults and Violence: Are You Covered by Workers’ Comp in California?

Yes. In California, if you were assaulted at work and the attack was connected to your job, workers’ comp generally covers your medical care, lost wages and any lasting disability, including psychological injuries such as PTSD. Coverage gets harder when the attack grew out of a purely personal dispute, and it is barred if you were the one who started the physical fight. You may also be able to sue the attacker or another outside party.

When a workplace assault is covered

Workers’ comp covers injuries that arise out of and happen in the course of employment, regardless of fault (Labor Code §3600). For assaults, the question is usually whether the risk of the attack came from your job. Claims are often accepted when:

• A nurse or caregiver is hit or bitten by a patient
• A retail or gas station worker is assaulted during a robbery or while stopping a shoplifter
• A rideshare, delivery or bus driver is attacked by a passenger or customer
• A teacher or aide is hurt while breaking up a student fight
• A security guard, bartender or bouncer is injured while enforcing rules
• A coworker attacks you over a work dispute, such as a schedule, assignment or discipline

Where you were attacked also matters. An attack while you’re working, on a work errand, or in an area connected to your workplace is more likely to be covered than one far from work during off-duty time.

When coverage may be denied

Here is a hypothetical. Marcus, a warehouse lead, tells a coworker to redo a pallet. The coworker shoves him into a rack, and Marcus pushes back to get free before others separate them. Marcus breaks his wrist. Because the fight grew out of a work assignment and the coworker made the first physical move, Marcus’s claim should generally be covered, even though he pushed back.

Benefits after an assault

• Medical treatment reasonably required to cure or relieve your injuries, including counseling and psychiatric care (Labor Code §4600). Once you file a claim form, the insurer must authorize up to $10,000 in treatment while it decides the claim (Labor Code §5402).
• Temporary disability of two-thirds of your average weekly wage, between $264.61 and $1,764.11 a week for injuries in 2026 (DWC 2026 rates). See our guide to temporary disability benefits.
• Permanent disability for lasting physical or psychological impairment.
• A $6,000 job displacement voucher if you can’t return to your job and your employer doesn’t offer suitable work (injuries on or after January 1, 2013).
• Death benefits for dependents if an assault is fatal.

Psychological injuries get special rules. If you were the victim of, or directly exposed to, a significant violent act, work only has to be a substantial cause of a psychiatric injury, meaning at least 35 to 40 percent, instead of the predominant cause (Labor Code §3208.3). A violent act is also an exception to the rule that usually keeps psychiatric conditions from increasing a permanent disability rating (Labor Code §4660.1(c)). Our guide for workers who witness or experience a violent act covers these rules in depth.

Suing the attacker, a coworker or your employer

Workers’ comp is generally your only remedy against your employer (Labor Code §3602). That usually includes claims that the employer should have hired more security or prevented the attack. But there are other routes:

• The attacker. A customer, patient’s visitor, intruder or other outsider who assaulted you can be sued directly. A civil assault or battery claim generally must be filed within two years (Code of Civil Procedure §335.1).
• Other third parties. A property owner or security company that isn’t your employer may be responsible in some cases (Labor Code §3852).
• A coworker. You can sue a coworker whose willful and unprovoked physical act of aggression caused your injury (Labor Code §3601).
• Your employer. You can sue your employer directly if the injury was caused by a willful physical assault by the employer (Labor Code §3602(b)(1)).

Learn more about the exclusive remedy rule and its exceptions.

Your employer’s duties and your protection from retaliation

Since July 1, 2024, most California employers must have a written workplace violence prevention plan, keep a violent incident log, train employees and include procedures prohibiting retaliation for reporting violence (Labor Code §6401.9). Employees can request the incident log, and the employer must provide it within 15 calendar days, according to Cal/OSHA’s guidance.

Firing or punishing you for complaining about unsafe conditions or reporting a work injury can violate Labor Code §6310, which provides reinstatement and lost wages. Discrimination for filing a workers’ comp claim can violate Labor Code §132a; see workers’ comp retaliation. Victims of violence may also be entitled to time off for medical care, counseling, court and safety planning (Gov. Code §12945.8).

Steps to take after an assault at work

1. Get medical care and tell the provider it happened at work.
2. Call the police if appropriate and keep the report number.
3. Report the assault to your employer in writing within 30 days (Labor Code §5400) and ask for a DWC-1 claim form, which must be provided within one working day.
4. List every injury on the claim, including fear, sleep problems and anxiety.
5. Write down what happened, who started it and who saw it, and ask that any video be preserved.
6. Track deadlines: a workers’ comp case generally must be filed within one year (Labor Code §5405).

Frequently asked questions

Am I covered if I fought back?

Usually yes, if you weren’t the initial physical aggressor. Defending yourself after being attacked doesn’t by itself bar your claim.

What if a coworker attacked me over something personal?

Insurers often deny purely personal disputes. But if work brought you together, the argument started over work, or the employer knew of threats, the claim may still be covered.

Is PTSD from an assault covered if I wasn’t physically hurt?

It can be. A diagnosed psychiatric injury is compensable, and the lower “substantial cause” standard applies to victims of and people directly exposed to a significant violent act.

Can I sue my employer for not having enough security?

Generally no. Workers’ comp is the exclusive remedy against your employer, with narrow exceptions such as a willful physical assault by the employer. You can sue the attacker and sometimes other outside parties.

Am I covered if I was attacked in the parking lot?

It depends on the facts, including whether the area is connected to your workplace and whether you were arriving or leaving work. Report it and file a claim form, and let the insurer make a decision in writing.

Talk to a California workers’ comp lawyer

Employees First Labor Law represents workers exclusively in workers’ compensation and employment cases across California, including claims arising from workplace violence. We offer free virtual consultations. 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.