Is Workplace Violence Covered By Workers' Comp?

All California employers are required to provide workers’ compensation insurance, which helps cover medical expenses and wage losses caused by any workplace accident, regardless of fault. But what if you’re injured in a way that’s not accidental?

According to the Occupational Safety & Health Administration (OSHA), nearly 2 million employees are victims of workplace violence each year. In recent days, we’ve seen a rise in assaults on employees enforcing social distancing measures or face mask requirements as a means of preventing the spread of COVID-19.

So, will workers’ compensation cover injuries or death caused by workplace violence? Maybe. Let’s take a look at the specifics.

Workers' Compensations for Workplace Violence

OSHA defines workplace violence as any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. All employers are required to provide a safe workplace for their employees, which includes taking measures to prevent workplace violence.

Even if your employer takes steps to keep you and your coworkers safe, many instances of workplace violence occur every year including: robberies, upset clients or customers, students or patients, or personal matters that are brought into the workplace.

The most important consideration for determining if a workplace violence claim qualifies for workers’ compensation is motivation. In other words, was the reason for the assault work-related or personal?

If the attack is related to your place of employment or work duties, it is covered by workers’ compensation. If it is a personal disagreement, even one that takes place at the workplace, it is not.

Here are some examples of how this determination is made:

• Covered: Your coworker attacks you because she believes you cheated your way into landing an important promotion.

• Not covered: Your coworker attacks you because she believes you intentionally cut her off in the parking lot on the way to work.

• Covered: A customer shoves you into shelving, causing the unit to collapse and you to suffer multiple injuries, because you required them to wear a face mask when in the store (Current store policy to mitigate the spread of COVID-19).

• Not covered: A customer shoves you into shelving, causing the unit to collapse and you to suffer multiple injuries, because you said something derogatory about them on Facebook yesterday.

Still unsure if you have a workers’ comp claim?

Navigating the workers’ compensation process for a workplace violence claim can be complicated and confusing. Some cases are very black and white, while others can have significant gray areas due to the motivation factor. 

If you aren’t sure whether the incident should be covered by workers’ compensation, you may benefit from speaking with an attorney. A Certified Workers’ Compensation Specialist can help you determine if you have a workers’ comp. case or a personal injury case.

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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.