As you and other California residents know, workers’ compensation is meant to compensate you for your medical expenses and income loss related to an accident or illness on the job. It is not uncommon to wonder if you are eligible for workers’ comp if you suffer an injury due to workplace violence.
Violence in the workplace, unfortunately, is not a rare occurrence. After all, people’s emotions and outbursts are not turned off the moment they clock in. Some of your co-workers can naturally be combative and difficult to get along with, while others may be pushed past their breaking point by a disagreement among staff or from stress in their home lives. As a result, you could be injured during an argument that becomes physical. Emotional violence is also not to be discounted. This could include the stress and anxiety you experience from being bullied by co-workers or threatened, intimidated, and belittled by your boss.
As the American Bar Association explains, workers’ compensation covers workplace injuries in most work-related situations. Therefore, if a co-worker punches you at work or you develop chronic anxiety from workplace bullying, you may be eligible for workers’ comp. After-hours violence would not apply – for example, if you go out to a bar with your co-workers on Friday night and an intoxicated co-worker takes a swing at you, this does not count as a work-related injury.
Applying for workers’ compensation after a violent incident at work can be a complex process. Therefore, this information is not meant to replace the advice of a lawyer.
Understanding What Counts as Workplace Violence
California labor law and OSHA guidelines define workplace violence broadly. It includes not only physical assaults but also emotional, verbal, and psychological threats. This can involve an aggressive customer, a co-worker who lashes out, or even a supervisor who harasses or belittles employees over time. These incidents are categorized into four major types by the Occupational Safety and Health Administration:
- Criminal intent – The perpetrator has no legitimate relationship to the business or employees, such as a robbery or outsider attack.
- Customer/client – The violence is perpetrated by someone receiving services from the employer.
- Worker-on-worker – The aggressor is an employee or former employee.
- Personal relationship – The individual has a personal relationship with the employee and brings it into the workplace.
Workers’ compensation claims most often arise from the third and fourth categories, especially when co-workers or supervisors are involved.
Is Physical Assault at Work Covered by Workers’ Comp?
In most cases, yes. If you are physically assaulted at work, struck, pushed, or otherwise harmed during a workplace dispute or in the course of your job, you may be entitled to workers’ compensation benefits.
However, eligibility often hinges on whether the violence arose out of your employment. For instance, if the argument was work-related or occurred during your assigned duties, it’s generally considered compensable. If you were performing your job and a co-worker or customer attacked you, that creates a clear line of causation.
But if the fight was mutual or you instigated it, your claim may be denied. Workers’ compensation typically does not cover injuries resulting from personal quarrels or when the injured party was the aggressor. The context matters; location, timing, provocation, and purpose all play a role.
What About Emotional Trauma or Psychological Harm?
In California, psychiatric injuries such as anxiety, PTSD, depression, and emotional distress can be covered under workers’ comp, provided certain legal thresholds are met. These claims are more complex than physical injuries and require meeting stricter burden-of-proof requirements.
To qualify, the injured worker must demonstrate:
- The psychiatric injury was predominantly caused by actual events of employment (generally more than 50%).
- The condition resulted in a diagnosed mental disorder (not just stress).
- The employee had been employed for at least six months, unless the event was sudden and extraordinary in nature.
- The claim is not the result of a lawful, nondiscriminatory personnel action such as discipline, evaluation, or transfer.
If you’ve experienced long-term verbal abuse, bullying, intimidation, or threats that led to a medically recognized mental disorder, you may have grounds for a claim. In such cases, a Qualified Medical Evaluator (QME) or treating psychiatrist will be critical to document the condition and its relation to your employment.
What If the Violence Happened Off-Duty?
Workers’ comp only applies to injuries that arise “out of and in the course of employment.” For example, if you attend a social gathering with co-workers after hours and get into a fight, that likely won’t qualify. However, if a work-related event, such as a company retreat or team dinner, includes a violent incident, and your presence was mandatory or encouraged by your employer, there may be a gray area.
California courts have occasionally ruled in favor of workers when the setting was employer-sanctioned, even if it occurred after hours. It’s always wise to consult an attorney in such situations, especially when intent and context are unclear.
Psychological Injury vs. Physical Injury: What’s the Difference?
While both are recognized under California’s workers’ compensation system, there are significant distinctions:
- Physical injuries typically involve visible trauma broken bones, bruises, or head injuries from a fight.
- Psychological injuries may involve chronic anxiety, panic attacks, flashbacks, insomnia, or depression, often invisible but equally debilitating.
The burden of proof for psychological claims is higher, requiring extensive medical documentation, longer exposure periods, and clear evidence that the injury was predominantly caused by work-related events.
By contrast, physical injuries are more straightforward to prove and generally require a medical diagnosis, an incident report, and eyewitness testimony.
What Should You Do After a Workplace Violence Incident?
If you’ve been attacked, harassed, or emotionally harmed in the workplace:
- Seek immediate medical care, especially if the injury is physical or your emotional distress becomes overwhelming.
- Report the incident to your employer or HR department in writing. Detail what happened, when, and who was involved.
- Document everything: your symptoms, conversations, threats, timelines, and names of witnesses.
- Consult a medical or mental health professional who can diagnose and treat your condition while creating a legal paper trail.
- File a workers’ compensation claim as soon as possible. California law gives you 30 days to report an injury and 1 year to file a claim, though delays can weaken your case.
- Contact a workers’ compensation attorney if your claim involves psychiatric injury, denial, or retaliation.
What If Your Employer Retaliates or Denies Your Claim?
California law prohibits employers from retaliating against workers who report workplace injuries, including psychological trauma. You cannot be fired, demoted, or disciplined for filing a valid claim or for reporting violent incidents. If you experience retaliation, you may have a separate legal cause of action under California Labor Code §132a.
Additionally, if your workers’ comp claim is denied, especially for psychiatric injuries, you have the right to appeal and request a panel QME evaluation. An attorney can guide you through this process and ensure your legal rights are protected.
Filing for workers’ compensation after a violent incident, especially one involving emotional or psychological harm, can be daunting and emotionally exhausting. You may be dealing with medical appointments, stress at work, or even retaliation. But you don’t have to go through it alone.
At Hussain & Gutierrez, we specialize in helping injured workers in California secure the benefits they deserve. Whether your injury is physical, emotional, or both, our legal team has the experience, compassion, and resources to guide your claim to a successful outcome.
We’ll review your situation confidentially, help you document your claim, connect you with trusted medical experts, and aggressively pursue the compensation you’re entitled to under California law.
Contact Hussain & Gutierrez today for a confidential consultation and get the clarity and support you need to move forward.
Frequently Asked Questions
Can I get workers’ comp if a co-worker hits me during an argument at work?
Yes, if the incident occurred in the course of your employment and you were not the instigator, you may be eligible.
Does yelling or verbal abuse count as workplace violence?
If the abuse causes diagnosable psychological harm and meets California’s legal threshold, it can be grounds for a claim.
What if the violent act happened in the parking lot after work?
It depends. If the altercation was related to work or happened on company premises immediately before or after your shift, it may still be covered.
Can I file a psychological injury claim if my employer criticizes me harshly?
Generally, no. Harsh but lawful personnel actions, like evaluations or discipline, are not covered. The abuse must be beyond the normal scope of workplace conduct.
What if I didn’t report the incident right away?
You have 30 days to report a workplace injury in California, but the sooner you act, the stronger your case will be. Delayed reporting may be used against your credibility.
