Addressing Workplace Violence and Workers' Compensation

Workplace violence is a growing concern across industries, affecting not only employee safety but also business operations and legal obligations. From verbal threats to physical assaults, these incidents can lead to serious injuries, both physical and psychological, leaving workers in need of support and protection. At Cole Fisher, we understand the complexities involved when violence strikes in the workplace and are committed to helping employees navigate their rights under workers’ compensation law.

What Constitutes Workplace Violence?

Workplace violence encompasses a broad range of behaviors that pose a threat to the safety, health, and well-being of employees. At its core, it includes any act or threat of physical violence, harassment, intimidation, or other threatening, disruptive behavior that occurs at the work site. These incidents can range from verbal abuse to physical assaults and even homicide. While most people associate workplace violence with extreme events, such as active shooter situations, it also includes more common occurrences like aggressive confrontations between employees or threats from disgruntled clients.

One of the defining characteristics of workplace violence is that it doesn’t always come from within the organization. While employee-on-employee violence does occur, it is just one of several categories. Customers, clients, patients, and even strangers can be sources of workplace violence. For example, a nurse assaulted by a patient or a retail worker threatened by a shoplifter are both experiencing workplace violence, even though the aggressors are not coworkers. Employers must recognize this diversity of sources when evaluating the risks their employees face.

Workplace violence also includes psychological and emotional abuse. Persistent harassment, bullying, or stalking in the workplace can create a toxic environment that leads to significant mental health consequences. These non-physical forms of violence are often harder to detect and prove, but they are no less damaging. Employees may suffer anxiety, depression, or post-traumatic stress, all of which can impact their ability to work and may give rise to valid workers' compensation claims under certain circumstances.

In high-risk industries like healthcare, social services, education, and law enforcement, the potential for violence is an ongoing concern. These environments often involve direct interaction with individuals in crisis, under the influence, or experiencing heightened emotions. However, no workplace is entirely immune. Even in office settings, tensions can escalate due to unresolved conflict, job stress, or personal issues carried into the workplace.

Understanding what constitutes workplace violence is essential for both prevention and response. By clearly defining and acknowledging the various forms this violence can take, employers are better equipped to implement policies that protect their workforce, and employees are empowered to report incidents without fear of dismissal or disbelief. Recognizing early warning signs—such as verbal threats, erratic behavior, or increased interpersonal conflict—can help de-escalate situations before they turn violent. Ultimately, awareness is the first step toward creating a safer, more supportive work environment for everyone.

Legal Obligations and Employer Responsibilities

Employers have both a legal and ethical duty to provide a workplace that is free from recognized hazards, including those posed by workplace violence. Under the Occupational Safety and Health Act (OSHA), the General Duty Clause requires employers to furnish a place of employment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” While OSHA does not have a specific standard exclusively for workplace violence (except in healthcare and social service settings), it holds employers accountable when they fail to address conditions that could lead to violence.

Beyond federal regulations, many states have enacted their laws and guidelines requiring employers to take proactive steps to prevent workplace violence. These laws may include requirements for conducting risk assessments, developing written violence prevention programs, and providing regular employee training. Some states also mandate that employers implement emergency action plans and establish procedures for responding to violent incidents. Failing to comply with these requirements can expose employers to legal liability, both from regulatory agencies and through civil litigation if an employee is harmed.

Employers are also responsible for fostering a culture of safety and accountability. This begins with developing clear policies that define what constitutes workplace violence and how employees can report concerns confidentially and without fear of retaliation. Supervisors and managers should receive training on how to recognize early warning signs, de-escalate tense situations, and handle complaints appropriately. Moreover, employers should encourage open communication so that employees feel supported when bringing forward concerns or incidents.

When violence does occur, employers must act quickly and decisively. This includes documenting the incident, conducting a thorough investigation, and taking appropriate corrective actions, such as disciplinary measures or changes to workplace procedures. In some cases, it may also involve offering affected employees access to counseling or mental health services. Importantly, a failure to respond properly not only puts other employees at risk but may also increase the likelihood of workers' compensation claims, legal exposure, and reputational damage.

Ultimately, employer responsibilities go beyond compliance—they are about prevention and protection. Organizations that take a proactive stance on workplace violence prevention demonstrate a commitment to their employees’ safety and well-being. By investing in strong policies, employee education, and a supportive workplace culture, employers can significantly reduce the risk of violence and the costly consequences that follow.

When Workplace Violence Leads to Workers’ Compensation Claims

When workplace violence results in injury, whether physical or psychological, the affected employee may be entitled to workers’ compensation benefits. These benefits are designed to provide financial support for medical treatment, lost wages, and other related expenses, regardless of who was at fault. However, claims involving workplace violence are often more complex than standard injury cases because they require establishing that the incident arose “out of and in the course of employment.”

Physical Injuries

Physical injuries from violent incidents, such as a worker being struck by a customer, attacked by a coworker, or injured while attempting to break up a fight, are typically straightforward when it comes to eligibility. If the injury occurred while the employee was performing job duties or on the premises during working hours, it usually meets the threshold for a valid claim. However, complications may arise if the altercation involved personal matters or occurred off-site, prompting insurers to scrutinize the connection to work more closely.

Psychological or Emotional Injuries

Psychological and emotional injuries, such as post-traumatic stress disorder (PTSD) or anxiety resulting from a violent event, can also be compensable under workers’ compensation, but they are harder to prove. Many states require a diagnosed mental health condition that is directly linked to a specific work-related incident. Unlike physical injuries, which can be objectively verified, mental health claims often face greater skepticism and may be denied without strong supporting documentation, including testimony from medical professionals and detailed incident reports.

Coworker or Supervisor Violence

Another area of challenge arises when the violence stems from a coworker or supervisor. In such cases, employers or their insurers may argue that the incident was personal in nature and not related to employment, thereby attempting to deny coverage. For instance, if two coworkers have a longstanding personal feud and one attacks the other at work, the employer might contend that the incident did not stem from the work environment itself. Navigating these nuances often requires legal expertise to ensure the injured worker’s rights are protected.

For employees affected by workplace violence, filing a workers’ compensation claim is not only about receiving benefits—it’s also about acknowledgment and justice. The claims process allows employees to document what happened, seek appropriate care, and begin to heal from the experience. Working with legal professionals like the team at Cole Fisher can be instrumental in building a strong case, especially when the circumstances are disputed or the injuries are psychological in nature. Ultimately, workers’ compensation serves as a crucial lifeline for those harmed by violence in the workplace, helping them recover with dignity and support.

Challenges in Navigating Workplace Violence-Related Claims

While workers’ compensation laws are designed to support employees injured on the job, claims related to workplace violence can be particularly challenging to navigate. Unlike traditional workplace injuries, such as a fall or equipment accident, violent incidents often involve complex interpersonal dynamics, unclear liability, and emotional trauma, making the path to compensation less straightforward. Victims frequently face both logistical and psychological barriers that can complicate or delay the claims process.

Stigma Around Reporting

One significant challenge is the stigma or fear associated with reporting violence. Employees may hesitate to report an incident, especially if the aggressor is a supervisor or someone in a position of power. Others may worry about retaliation, being labeled as a troublemaker, or facing social backlash from coworkers. In some cases, victims may even blame themselves or downplay the severity of the incident in an effort to “move on,” which can hinder proper documentation and delay medical treatment, both critical components of a successful claim.

Difficulty in Proving Injury

Another barrier lies in the difficulty of proving that the injury or trauma was work-related. Insurers often scrutinize claims that involve emotional distress or psychological injuries, particularly if there were no physical wounds or witnesses to the event. They may question whether the mental health condition truly stems from a workplace incident or from pre-existing issues. Without strong supporting evidence, such as medical evaluations, incident reports, or witness statements, these claims may be denied or undercompensated.

Disputes

Disputes over the nature of the incident are also common. Employers and insurers may argue that the violence was the result of a personal conflict unrelated to the employee’s job, which can disqualify the injury from workers’ compensation coverage. For example, if an employee is assaulted by a coworker over a non-work-related disagreement, the employer may assert that the attack falls outside the scope of employment. These gray areas often require legal advocacy to challenge denials and establish the necessary connection between the incident and the work environment.

Emotionally Taxing Process

Even when claims are accepted, navigating the process can be emotionally taxing for the victim. Recounting traumatic events for forms, interviews, or hearings can trigger distress and exacerbate symptoms. Additionally, the process of obtaining benefits may be slow and bureaucratic, adding to the stress experienced by employees who are already coping with the aftermath of violence. Accessing specialized treatment for trauma or PTSD may also be delayed if it is not immediately authorized by the workers’ compensation insurer.

These challenges underscore the importance of having experienced legal support. A knowledgeable attorney can help ensure that claims are filed accurately, deadlines are met, and proper documentation is gathered. More importantly, they serve as advocates who can push back against denials, negotiate for adequate benefits, and provide guidance through what can otherwise be an overwhelming process. For victims of workplace violence, legal representation is often the key to receiving the care, validation, and compensation they deserve.

Prevention and Proactive Policies for Employers

Preventing workplace violence begins long before an incident occurs. It starts with a clear, committed approach by employers to create a culture of safety, accountability, and mutual respect. Proactive policies and prevention strategies not only protect employees from harm but also shield employers from legal liability and reputational damage. In today’s work environments, violence prevention should be treated as a fundamental component of workplace safety, on par with fire prevention or equipment training.

1. Risk Assessment

A comprehensive workplace violence prevention program begins with a risk assessment. Employers should evaluate the specific threats and vulnerabilities associated with their industry, location, and workforce dynamics. For example, businesses in healthcare, retail, or public service may be more exposed to violence from clients or the public, while high-stress environments may increase the risk of internal conflicts. Understanding these risk factors allows organizations to implement targeted solutions that address their unique needs.

2. Policy Development

Policy development is a key part of this effort. Employers must establish and communicate a zero-tolerance policy for any form of violence, harassment, or threatening behavior. These policies should clearly define what constitutes unacceptable conduct and outline the procedures for reporting, investigating, and resolving incidents. Equally important is ensuring that all employees, from entry-level staff to upper management, are trained on these policies and understand their role in fostering a safe work environment.

3. Training and Education

Training and education are essential components of violence prevention. Regular workshops on conflict resolution, de-escalation techniques, and recognizing early warning signs can empower employees to handle tense situations constructively. Managers and supervisors should be equipped to intervene appropriately and support employees who come forward with concerns. Providing access to mental health resources and employee assistance programs (EAPs) can also help address underlying stressors before they escalate into violence.

4. Practical Safety Measures

Employers must also implement practical safety measures, such as secure entry systems, surveillance equipment, emergency response protocols, and communication tools for alerting others in real time. In some workplaces, this may involve the presence of trained security personnel or panic buttons in high-risk areas. Just as important is having a clearly outlined response plan for violent incidents, which includes evacuation procedures, law enforcement involvement, and post-incident support for affected employees.

5. Workplace Culture

Finally, fostering a workplace culture built on trust and communication is one of the most effective deterrents to violence. Employees who feel heard, respected, and supported are more likely to report concerns early, de-escalate conflict, and collaborate in maintaining a safe environment. Leadership plays a critical role in setting the tone—demonstrating transparency, following through on policies, and making it clear that workplace safety is a shared, ongoing responsibility.

By prioritizing prevention, employers not only reduce the risk of harm but also demonstrate a commitment to their employees’ well-being and dignity. Proactive policies, when paired with education, preparedness, and support, can transform workplaces into safe and resilient communities—where violence is the exception, not the rule.

Conclusion

Workplace violence is a serious issue with far-reaching consequences for employees and employers alike. When incidents occur, workers’ compensation can offer vital support, but navigating the claims process is often complex and emotionally taxing. That’s why prevention, clear policies, and compassionate legal advocacy are essential. At Cole Fisher, we’re here to help workers understand their rights, support them through the claims process, and partner with employers committed to creating safer, more respectful workplaces for all.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.