As a California worker, you expect to work in a safe and violence-free environment. As reasonable as those expectations are, however, you may be shocked to learn that workplace violence remains one of the most pressing occupational safety issues in the United States. The Occupational Safety and Health Administration (OSHA) reports that over two million Americans report workplace violence incidents each year, and more than 400 workers are killed annually in violent acts at work. In California, reports of workplace assaults and threats have increased significantly in healthcare, retail, and service industries since 2020, reflecting broader national trends.
In fact, workplace homicide consistently ranks among the leading causes of occupational fatalities. Beyond loss of life, millions of workers endure harassment, intimidation, or physical assaults that affect their long-term health, safety, and earning capacity.
What Counts as Workplace Violence?
OSHA defines workplace violence broadly, and it is not limited to physical attacks. It includes:
- Threats of physical violence, whether explicit or implied
- Intimidation or coercive behavior
- Harassment, including verbal abuse or bullying
- Sexual harassment and stalking within the workplace
- Assaults and batteries by coworkers, supervisors, customers, or strangers
This wide definition matters because workplace violence often escalates over time. What begins as verbal intimidation can grow into physical aggression if left unaddressed.
Who Is Most at Risk?
While workplace violence can affect workers, customers, clients, and visitors in any environment, certain roles and settings are at higher risk. You may face increased danger if you:
- Exchange money with the public in retail or service settings
- Work with volatile individuals, such as in healthcare or social services
- Work in establishments that serve alcohol, such as bars or nightclubs
- Perform duties alone or in isolated locations
- Work at night or during late shifts
- Operate in areas with high crime rates
Healthcare workers, for instance, experience the majority of workplace assaults, accounting for nearly three out of four reported incidents nationally. In California hospitals, emergency department nurses and psychiatric staff are among the most frequent targets of violence. Retail workers are also vulnerable to armed robbery and confrontations with customers, while teachers and social workers often encounter threats from parents or clients.
Mental Health and Psychological Consequences
The effects of workplace violence extend beyond physical injuries. Victims frequently develop psychological conditions such as post-traumatic stress disorder (PTSD), anxiety, depression, and sleep disturbances. Emotional trauma may impair concentration, reduce job performance, or even prevent workers from returning to their profession. Under California law, mental health injuries that arise from workplace violence may also qualify for workers’ compensation benefits, though proving these claims often requires detailed documentation and legal support.
OSHA, Cal/OSHA, and Employer Responsibilities
Federal and state laws require employers to maintain a workplace free from recognized hazards, including violence. Under OSHA, employers are required to assess risks, implement preventive measures, and provide workers with a safe work environment.
California goes further. In 2024, Senate Bill 553 (SB 553) took effect, requiring nearly all California employers to develop and implement comprehensive workplace violence prevention plans. These plans must:
- Identify and evaluate potential risks of violence in the workplace
- Develop written prevention policies and procedures
- Provide annual training to employees on recognizing and responding to threats
- Establish clear reporting processes for incidents
- Maintain records of workplace violence reports and corrective actions
Healthcare employers already had stricter standards under Cal/OSHA, but SB 553 expanded these obligations across industries.
Failure to comply can expose employers to OSHA citations, civil penalties, and liability in lawsuits if employees are injured as a result of unsafe conditions.
Employer Liability and Third-Party Violence
It is important to distinguish between types of liability. When a coworker or supervisor commits violence, employers may be held directly liable under negligent hiring, supervision, or retention claims. When violence originates from a customer or third party, employers can still be held responsible if they fail to provide adequate security measures, such as proper lighting, controlled access, or trained security personnel.
This distinction is particularly critical in California, where courts have increasingly recognized employers’ obligations to protect workers in high-risk environments, such as hospitals, retail stores, and nightclubs.
Prevention Strategies in Practice
Preventing workplace violence requires more than a written policy. Employers should implement a layered approach, including:
- Training employees in de-escalation and conflict resolution techniques
- Installing physical security measures such as cameras, alarms, and restricted access doors
- Establishing clear incident reporting and response protocols
- Encouraging a culture of zero tolerance for harassment or intimidation
- Conducting regular workplace violence risk assessments and safety drills
Some California companies now utilize mobile panic button apps and digital reporting systems, allowing employees to discreetly call for help in real-time. These measures not only deter violence but also demonstrate employer compliance with the requirements of SB 553.
Your Rights as a Worker
Other than military and law enforcement personnel and firefighters, workers are not required to put their lives in danger as part of their job. You have the right to:
- Report unsafe conditions or workplace violence to OSHA or Cal/OSHA
- File a complaint without fear of retaliation from your employer
- Request a workplace inspection if hazards exist
- Seek compensation for injuries through workers’ compensation
- Pursue additional legal claims if employer negligence or retaliation occurs
Knowing these rights and exercising them quickly is vital. Workers who wait too long to report may face difficulties proving their claims.
What to Do After Workplace Violence
If you experience workplace violence in California, take the following steps immediately:
- Get medical attention for any physical or psychological injury.
- Report the incident to your employer in writing and keep a personal copy.
- File an OSHA or Cal/OSHA complaint if your employer fails to address the issue.
- Consult an attorney specializing in workers’ compensation and employment law to explore your legal remedies.
Legal remedies may include workers’ compensation benefits for medical costs and lost wages, civil lawsuits for negligent security or supervision, and protections against unlawful retaliation.
Frequently Asked Questions
Can I claim workers’ compensation for emotional trauma after workplace violence?
Yes. In California, mental health conditions such as PTSD or anxiety may qualify for workers’ compensation if linked to workplace violence, though these claims can be complex.
What is California SB 553, and how does it affect me?
SB 553, effective in 2024, requires nearly all California employers to implement workplace violence prevention plans. It expands protections for workers across industries beyond healthcare.
Can my employer fire me for reporting workplace violence?
No. Both federal law and California law strictly prohibit retaliation against workers who file complaints, report hazards, or request inspections.
Are employers liable if a customer attacks me?
Yes, if the employer failed to provide reasonable security measures in a known high-risk environment. Legal claims may extend beyond workers’ compensation in such cases.
What industries face the highest risk in California?
Healthcare, retail, hospitality, education, and social services consistently report the highest rates of workplace violence, with healthcare workers at the greatest risk.
Protecting Your Rights With Legal Help
Workplace violence is not just a safety issue; it is a legal issue that can impact your health, livelihood, and future. Employers have clear responsibilities under OSHA, Cal/OSHA, and California SB 553 to protect you, and failure to do so may entitle you to compensation and legal remedies.
At Hussain & Gutierrez, we represent California workers who have been threatened, harassed, or injured due to workplace violence. Our attorneys are well-versed in both the workers’ compensation process and the civil claims that may arise from employer negligence. We are committed to holding employers accountable and ensuring that you receive the benefits and protections you deserve.
Contact Hussain & Gutierrez today to schedule a confidential consultation and discover how we can help you safeguard your rights and future.
