Workplace violence is an unfortunate reality that can occur in any work environment, from offices to construction sites. When an employee is injured due to violence in the workplace, they may wonder if workers’ compensation will cover their injuries. In California, workers’ compensation generally provides benefits for injuries that arise out of and in the course of employment, but what happens when those injuries result from an act of violence? This article explores whether workers’ compensation covers injuries caused by workplace violence and what employees need to know to protect their rights.
1. Understanding Workplace Violence
Workplace violence can take many forms, including physical assaults, threats, harassment, and even homicide. It can be perpetrated by coworkers, clients, customers, or even strangers. Common examples of workplace violence include:
- Physical Assault: A coworker or customer physically attacks an employee, resulting in injuries.
- Threats and Intimidation: An employee is threatened with harm, leading to psychological stress or injury.
- Robbery or Criminal Acts: A robbery or other criminal act at the workplace leads to injuries for employees present during the incident.
Workplace violence can have severe physical and emotional impacts on victims, and in some cases, it can be life-threatening.
2. Does Workers’ Compensation Cover Injuries from Workplace Violence?
In California, workers’ compensation generally covers injuries that occur as a result of workplace violence, provided the injury arises out of and in the course of employment. This means that if you are injured while performing your job duties or as a result of your employment, you are likely eligible for workers’ compensation benefits.
- Arising Out of Employment: The injury must be related to the work environment or job duties. For example, if you are attacked by a coworker during a work-related argument or by a customer while providing service, the injury is considered to arise out of employment.
- In the Course of Employment: The injury must occur while you are performing job-related activities or on the job site. If you are injured in the workplace or while carrying out work tasks, it generally meets this criterion.
3. Exceptions to Workers’ Compensation Coverage for Workplace Violence
While workers’ compensation typically covers injuries from workplace violence, there are exceptions where coverage may be denied:
- Personal Disputes: If the violence is the result of a personal dispute unrelated to work, such as a fight over a non-work-related matter, workers’ compensation may not cover the injury. For example, if a coworker attacks you over a personal disagreement that has nothing to do with your job, your injury may not be considered work-related.
- Intentional Self-Harm: Workers’ compensation does not cover injuries that are intentionally self-inflicted. If an employee provokes a violent altercation with the intent of getting injured, they may be denied benefits.
4. Steps to Take If You Are Injured Due to Workplace Violence
If you are injured in an act of workplace violence, it is essential to take the following steps to protect your health and your right to workers’ compensation benefits:
1. Seek Immediate Medical Attention
- Get Treated: Prioritize your health by seeking medical care immediately after the incident. Even if your injuries seem minor, it’s important to have them evaluated by a healthcare professional.
2. Report the Incident to Your Employer
- Notify Your Employer: Report the incident to your employer as soon as possible. In California, you are required to report workplace injuries within 30 days, but it’s best to do so immediately to ensure that your claim is processed promptly.
3. File a Workers’ Compensation Claim
- Submit Your Claim: File a workers’ compensation claim with your employer’s insurance provider. Include details about the incident, how it occurred, and any medical treatment you received.
4. Document the Incident
- Gather Evidence: Document the incident by keeping records of any witnesses, police reports, or security footage that may be available. This evidence can support your claim and help establish that the injury was work-related.
5. Consult with an Attorney
- Legal Representation: If your claim is disputed or denied, or if the circumstances of the incident are complex, consult with an experienced workers’ compensation attorney. An attorney can help you navigate the legal process and ensure that you receive the benefits you are entitled to.
5. How Laguna Law Firm Can Help
At Laguna Law Firm, we understand the devastating impact that workplace violence can have on employees. Our experienced workers’ compensation attorneys are here to help you:
- Evaluate Your Case: We will assess the details of your injury and determine whether it qualifies for workers’ compensation coverage.
- File Your Claim: Our team will guide you through the process of filing your workers’ compensation claim and ensure that all necessary documentation is submitted.
- Advocate for Your Rights: If your claim is disputed or denied, we will represent your interests and fight to secure the benefits you deserve.
6. Conclusion
Workplace violence is a serious issue that can lead to physical and emotional injuries. In California, workers’ compensation generally covers injuries resulting from workplace violence, as long as they arise out of and in the course of employment. However, there are exceptions, and navigating the claims process can be challenging. If you have been injured due to workplace violence, contact Laguna Law Firm today. Our dedicated attorneys are here to help you understand your rights and secure the compensation you need to recover and move forward.
English 
Spanish 