Workplace Violence and Assault Claims: Your Legal Rights in California

Workplace violence encompasses a broad range of harmful behaviors that occur in work settings, from verbal threats and intimidation to physical assaults and even homicide. According to the California Division of Occupational Safety and Health (Cal/OSHA), workplace violence is defined as any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. This includes violence committed by employees, customers, clients, patients, visitors, or strangers.

Certain industries face higher risks of workplace violence than others. Healthcare workers, particularly those in emergency departments and psychiatric facilities, experience some of the highest rates of assault. Retail employees, especially those working late-night shifts or handling cash transactions, face significant risks from robberies and customer confrontations. Social service workers, law enforcement personnel, educators, and transportation workers also encounter elevated violence risks. However, no workplace is immune—violence can occur in any setting when proper security measures and prevention protocols are not in place.

California employers have a legal duty under Cal/OSHA regulations to establish and implement effective workplace violence prevention programs. This includes conducting workplace security assessments, implementing security measures appropriate to the workplace, providing employee training on violence prevention and response, and establishing procedures for reporting and investigating violent incidents. When employers fail to meet these obligations and employees are injured as a result, they may be held liable beyond the limited remedies of workers' compensation.

Workplace violence is typically categorized into four types based on the relationship between the perpetrator and the workplace. Type I involves violence by someone with no legitimate relationship to the business or its employees, such as a robber or trespasser. This is common in retail settings, convenience stores, and businesses that handle cash or valuable merchandise. Type II involves violence by someone who is a customer, client, or patient of the business, such as a patient assaulting a nurse or a customer attacking a retail worker.

Type III workplace violence involves violence by a current or former employee, supervisor, or manager. This category includes assaults stemming from workplace disputes, terminations, or personal conflicts between coworkers. Type IV involves violence by someone who has a personal relationship with an employee but no relationship with the workplace, such as domestic violence that spills into the workplace when an abusive partner comes to the victim's job site.

Each type of workplace violence presents different legal considerations and potential defendants. Type I and Type II cases often involve questions about premises security and whether the employer provided adequate protection against foreseeable risks. Type III cases may involve employer negligence in hiring, supervision, or retention of dangerous employees. Type IV cases raise questions about whether the employer knew or should have known about the domestic violence threat and failed to take protective measures. Understanding which category applies to your situation helps determine the appropriate legal strategy and potential defendants.

When you're injured by workplace violence, you typically have the right to file a workers' compensation claim regardless of who committed the assault or whether your employer was negligent. Workers' compensation provides medical treatment coverage, temporary disability benefits while you're unable to work, permanent disability benefits if you have lasting impairments, and vocational rehabilitation if needed. These benefits are available without having to prove fault, and claims must be filed promptly—you should notify your employer within 30 days of the injury and file a claim form within one year.

However, workers' compensation has significant limitations. It doesn't provide compensation for pain and suffering, emotional distress, or punitive damages. The wage replacement benefits are typically only two-thirds of your average weekly wage, subject to statutory caps. For serious injuries involving workplace violence, these limitations mean workers' compensation alone may not fully compensate you for your losses.

This is where personal injury claims become crucial. If your workplace violence injury was caused by someone other than a coworker (a third party), you can file a personal injury lawsuit against that person in addition to your workers' compensation claim. Additionally, if your employer's negligence contributed to the assault—such as failing to provide adequate security despite known risks, ignoring previous threats or incidents, or violating safety regulations—you may be able to pursue a claim against your employer beyond workers' compensation. California Labor Code Section 3602 provides limited exceptions to workers' compensation exclusivity when an employer's conduct is particularly egregious. An experienced workplace injury attorney can evaluate whether you have grounds for claims beyond workers' compensation.

To hold an employer liable for workplace violence beyond workers' compensation, you must typically prove that the employer was negligent in providing a safe workplace and that this negligence contributed to your injury. This requires demonstrating that the employer owed you a duty of care, breached that duty, and that the breach was a substantial factor in causing your injuries. California employers have a general duty to provide a safe workplace free from recognized hazards, including foreseeable violence risks.

Key evidence in proving employer negligence includes the employer's knowledge of prior incidents or threats. If there were previous assaults, threats, or violent incidents at the workplace that the employer knew about but failed to address, this demonstrates foreseeability and negligence. Documentation of complaints or reports about dangerous individuals, whether coworkers, customers, or others, can be critical. Evidence that the employer violated Cal/OSHA workplace violence prevention requirements or industry-specific safety standards also supports negligence claims.

Security deficiencies are often central to workplace violence negligence cases. This might include inadequate lighting in parking areas or isolated work spaces, lack of security personnel or surveillance systems despite high-risk conditions, failure to install panic buttons or other emergency alert systems, insufficient physical barriers between employees and potentially violent individuals, or lack of secure cash handling procedures in retail settings. Expert testimony from security professionals can help establish what reasonable security measures should have been in place and how the employer's failures created unreasonable risks. If you're dealing with catastrophic injuries from workplace violence, proving negligence becomes essential to obtaining full compensation.

Many workplace violence cases involve potential claims against third parties beyond your employer. If you were assaulted by a customer, client, patient, or visitor, you can file a personal injury lawsuit against that individual for battery, assault, and intentional infliction of emotional distress. While the perpetrator may have limited financial resources, pursuing these claims is still important, particularly if they have insurance coverage or assets that could satisfy a judgment.

Property owners and managers may also be liable if the assault occurred due to inadequate security on premises they control. If your employer leases space in a building or shopping center, the property owner may have responsibility for common area security, lighting, and access control. Negligent security claims against property owners require proving that the owner knew or should have known about crime risks in the area, failed to implement reasonable security measures, and that this failure allowed the assault to occur. Crime statistics for the area, prior incidents on the property, and security industry standards all become relevant evidence.

Security companies hired by your employer or the property owner may also bear liability if they failed to provide adequate protection. This might involve security guards who were improperly trained, failed to respond to threats or suspicious activity, or were not positioned to prevent foreseeable violence. Equipment manufacturers could be liable if defective security equipment (such as malfunctioning locks, alarms, or surveillance systems) contributed to the assault. In cases involving traumatic brain injuries or other severe harm from workplace violence, identifying all potentially liable parties maximizes your compensation recovery.

The compensation available for workplace violence injuries depends on whether you're pursuing workers' compensation alone or also have personal injury claims against third parties or your employer. Workers' compensation provides medical treatment for all injury-related care, temporary disability benefits (typically two-thirds of your average weekly wage) while you're off work or have reduced earnings, permanent disability benefits based on your impairment rating, and vocational rehabilitation if you cannot return to your previous job. For serious injuries, these benefits can extend for years or even a lifetime.

Personal injury claims against third parties or negligent employers can provide much more comprehensive compensation. Economic damages include full wage loss compensation without the two-thirds cap that applies to workers' compensation, future lost earning capacity if your injuries prevent you from working at your previous capacity, all medical expenses including future treatment needs, and out-of-pocket costs for transportation, home modifications, assistive devices, and other injury-related expenses.

Non-economic damages, which are not available through workers' compensation, include compensation for physical pain and suffering, emotional distress, anxiety, depression, and post-traumatic stress disorder (PTSD), loss of enjoyment of life and inability to participate in activities you previously enjoyed, disfigurement and scarring, and loss of consortium claims by your spouse for loss of companionship and support. In cases involving particularly egregious conduct, such as an employer who knowingly exposed you to serious violence risks or a perpetrator who acted with malice, punitive damages may also be available to punish the wrongdoer and deter similar conduct. Consulting with a personal injury attorney near you helps ensure you pursue all available compensation.

The psychological impact of workplace violence often equals or exceeds the physical injuries. Many workplace violence survivors develop post-traumatic stress disorder (PTSD), experiencing intrusive memories or flashbacks of the assault, severe anxiety or panic attacks, especially when returning to work or similar environments, hypervigilance and exaggerated startle responses, avoidance of people, places, or situations that remind them of the trauma, and difficulty sleeping, concentrating, or controlling emotions. These symptoms can be debilitating and may prevent you from returning to work or functioning normally in daily life.

California law recognizes psychological injuries as compensable under workers' compensation, even without physical injury, if the psychiatric condition results from actual events of employment and is diagnosed by a qualified medical evaluator. However, psychiatric injury claims face higher evidentiary standards—you must prove that actual events of employment were the predominant cause (at least 51%) of the psychiatric injury. This requires thorough documentation from mental health professionals and often involves disputes with insurance companies who routinely challenge psychiatric claims.

In personal injury claims against third parties or negligent employers, you can seek full compensation for psychological trauma without the heightened burden of proof required in workers' compensation. This includes compensation for ongoing therapy and psychiatric treatment, medications for anxiety, depression, or PTSD, lost wages due to inability to work because of psychological symptoms, and pain and suffering from the emotional trauma. Expert testimony from psychologists or psychiatrists who treat workplace violence survivors can powerfully demonstrate the severity and permanence of your psychological injuries. If you're experiencing life-altering psychological trauma, comprehensive legal representation ensures these damages are fully valued.

The actions you take immediately after a workplace violence incident can significantly impact both your physical recovery and your legal claims. First and foremost, seek immediate medical attention, even if your injuries seem minor. Some serious injuries, including concussions and internal injuries, may not be immediately apparent. Medical documentation created shortly after the incident provides crucial evidence linking your injuries to the assault. Tell healthcare providers exactly how the injury occurred and describe all symptoms, including psychological distress.

Report the incident to your employer immediately, preferably in writing. California law requires you to notify your employer of a work injury within 30 days, but earlier notification is better. Describe what happened, who was involved, and what injuries you sustained. Request that your employer complete an incident report and ask for a copy. If your employer fails to provide a workers' compensation claim form (DWC-1) within one working day of learning about your injury, you can obtain one from the California Division of Workers' Compensation website or from an attorney.

Report the assault to law enforcement if it involved criminal conduct. A police report provides independent documentation of the incident and may lead to criminal charges against the perpetrator. Even if you're unsure whether to pursue criminal charges, making a report preserves that option and creates an official record. Gather and preserve evidence while details are fresh in your memory. This includes taking photographs of your injuries, the location where the assault occurred, and any security deficiencies (poor lighting, broken locks, lack of security cameras). Write down everything you remember about the incident, including the date, time, location, what happened, who was present, and what was said. Identify witnesses and obtain their contact information. Preserve any physical evidence, such as torn or bloodied clothing. Consult with a workplace injury lawyer before giving recorded statements to insurance companies, as these statements can be used to minimize your claim.

California has been a leader in workplace violence prevention regulation. Cal/OSHA requires certain high-risk employers to establish, implement, and maintain effective workplace violence prevention plans. As of 2024, these requirements apply to most healthcare facilities, social service agencies, and other workplaces where employees face elevated violence risks. The regulations require employers to conduct workplace violence hazard assessments, identifying factors that could contribute to violence such as working alone or in isolated areas, exchanging money with the public, working late night or early morning hours, or working in high-crime areas.

Employers must implement violence prevention measures appropriate to the identified hazards. This might include environmental designs such as bright lighting and clear sightlines, security measures like alarm systems, surveillance cameras, or security personnel, administrative controls such as policies prohibiting working alone in high-risk situations, and training employees to recognize warning signs and de-escalate potentially violent situations. Employers must also establish procedures for reporting violent incidents and threats without fear of retaliation, and they must investigate all reports and take corrective action.

When employers violate these Cal/OSHA requirements and employees are injured as a result, the violations provide strong evidence of negligence in personal injury claims. Cal/OSHA citations and penalties issued after workplace violence incidents can be used to demonstrate that the employer failed to meet minimum safety standards. You or your attorney can file complaints with Cal/OSHA to trigger inspections and investigations, which may uncover additional safety violations beyond those related to your specific incident. Documentation of Cal/OSHA violations strengthens claims for personal injury compensation beyond workers' compensation limits.

Domestic violence frequently impacts workplaces when abusers contact, threaten, or physically harm victims at their job sites. California employers have legal obligations to reasonably accommodate employees who are victims of domestic violence, sexual assault, or stalking. This includes providing time off for court appearances, medical treatment, or to obtain restraining orders, and making workplace safety accommodations such as changing work schedules, transferring to different locations, or implementing additional security measures.

When an employer knows or should know that an employee faces domestic violence threats, the employer has a duty to take reasonable steps to protect that employee and other workers from foreseeable harm. This might include honoring restraining orders by denying the abuser access to the workplace, alerting security personnel about the threat, providing escort services to parking areas, and allowing the employee to work from a secure location or remotely. Failure to take such protective measures when the employer has been notified of the threat can constitute negligence if the abuser subsequently injures the employee or coworkers at the workplace.

If you're injured by domestic violence that occurs at your workplace, you may have workers' compensation claims for your injuries, personal injury claims against the abuser for assault, battery, and intentional infliction of emotional distress, and potentially negligence claims against your employer if they failed to provide reasonable protection despite knowing about the threat. California law also provides special protections against employer retaliation for taking time off or requesting accommodations related to domestic violence. If you've experienced serious injuries from domestic violence at work, legal counsel can help you navigate these overlapping legal protections.

Understanding and meeting legal deadlines is critical to preserving your rights after workplace violence. For workers' compensation claims, you must notify your employer of the injury within 30 days of the incident, though late notice may be excused in some circumstances. You must file a workers' compensation claim form (DWC-1) within one year of the date of injury, or within one year of when you knew or should have known that the injury was work-related. Missing these deadlines can result in denial of benefits, so prompt action is essential.

For personal injury claims against third parties (such as the perpetrator of the assault or negligent property owners), California's statute of limitations is generally two years from the date of injury. This means you must file a lawsuit within two years or lose your right to sue. However, if the assault constituted a criminal act, you may have additional time under certain circumstances. If the defendant is a government entity (such as a public employer or public property owner), special rules apply—you typically must file an administrative claim within six months before you can file a lawsuit.

For claims against your employer beyond workers' compensation, the time limits depend on the legal theory. Claims based on employer negligence that falls outside workers' compensation exclusivity generally follow the two-year personal injury statute of limitations. However, these cases involve complex legal questions about whether workers' compensation provides the exclusive remedy, so early consultation with an attorney is crucial. Don't wait to seek legal advice—evidence deteriorates, witnesses' memories fade, and approaching deadlines limit your legal options. Contact a personal injury lawyer near you as soon as possible after a workplace violence incident.

Workplace violence cases involve complex intersections of workers' compensation law, personal injury law, employment law, and sometimes criminal law. An experienced attorney provides invaluable assistance in navigating these complexities. Your lawyer will investigate the incident thoroughly, gathering evidence that insurance companies and employers often overlook or suppress. This includes obtaining surveillance footage before it's deleted, interviewing witnesses before memories fade, documenting security deficiencies, and uncovering prior incidents or complaints that demonstrate foreseeability.

Your attorney will identify all potential sources of compensation and liable parties. This might include filing workers' compensation claims while simultaneously pursuing personal injury claims against third parties, investigating whether your employer's conduct was sufficiently egregious to overcome workers' compensation exclusivity, identifying property owners, security companies, or other third parties who may share liability, and ensuring all claims are filed within applicable deadlines. Insurance companies routinely undervalue workplace violence claims, particularly the psychological trauma components. Your lawyer will retain appropriate experts, including medical professionals who can document the full extent of your physical and psychological injuries, vocational experts who can calculate your lost earning capacity, security experts who can testify about the employer's or property owner's security failures, and economists who can calculate the present value of lifetime damages.

Perhaps most importantly, your attorney handles all negotiations and litigation so you can focus on recovery. This includes dealing with workers' compensation insurance adjusters who try to minimize benefits, negotiating with liability insurance carriers for third-party defendants, protecting you from giving statements that could harm your claims, and taking your case to trial if fair settlement cannot be reached. Most workplace violence attorneys work on contingency fees, meaning you pay no attorney fees unless you recover compensation. This makes quality legal representation accessible regardless of your financial situation. The experienced attorneys at our firm have successfully represented numerous workplace violence survivors, recovering millions in compensation for clients who suffered devastating injuries.