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If you were hurt at work because your employer failed to protect you from a violent coworker, customer, or third party, you may have options beyond a standard workers’ compensation claim. Workplace violence is one of the leading causes of occupational injury in the United States, and California workers are not immune. California law requires employers to meet certain safety duties, and if those duties are ignored, it can affect the benefits available to you.
What Counts as Workplace Violence?
Workplace violence is broader than a physical assault. According to the Occupational Safety and Health Administration (OSHA), it is defined as any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at a work site. That means a coworker threatening a supervisor or another employee, a customer becoming physically aggressive, or a pattern of intimidation that goes unaddressed can all fall under this category.
For injured workers, the question is not just what happened. The more important issue is whether your employer knew or should have known the threat existed, and whether they did enough to stop it.
Employer Duties Under California Law
California employers have a legal obligation to provide a safe working environment. Under California Labor Code § 6400, every employer must furnish a place of employment that is safe and healthful for employees. When an employer is aware of a violent or threatening employee and fails to act, the employer may be exposed to liability beyond a standard workers’ comp claim.
This matters to you as an injured worker because it can affect the full scope of your options. Workers’ compensation typically covers medical treatment and a portion of lost wages. If a third party who is not your employer or a coworker was responsible for the violence, there may be additional avenues to explore alongside your workers’ compensation claim.
When a Coworker Threatens or Attacks
One of the most common workplace violence scenarios involves a situation in which a coworker threatens a supervisor or colleague, warning signs are ignored, and someone gets hurt. In those situations, the question of employer liability turns on what management knew and when.
Courts and claims administrators look at factors like:
- Whether the threatening employee had a documented history of violent behavior
- Whether complaints were made before the incident occurred
- Whether the employer took any corrective action, including discipline or termination
- Whether the employer had a written workplace violence prevention policy in place
- Whether that policy was actually followed
California law gives employers a clear framework here. Effective July 1, 2024, Senate Bill 553 requires most California employers to establish, implement, and maintain a Workplace Violence Prevention Plan. Failure to have one or having one that exists only on paper can be relevant when a worker is injured, and the employer’s response to a known threat is called into question.
Can an Employer Be Held Responsible for Failing to Remove a Violent Employee?
Yes, in many cases. When an employer has reasonable cause to believe an employee poses a violent threat and fails to respond appropriately, including through termination or other serious intervention, that inaction can be a factor in how a workplace violence claim involving third-party liability is evaluated.
This does not mean every employer who retains a difficult employee is automatically at fault. The standard is whether a reasonable employer in the same circumstances would have taken stronger action. If a worker made credible threats of violence toward a supervisor, those threats were reported, and the report was dismissed before an attack occurred, that sequence of events can be significant in establishing employer negligence.
This distinction is worth raising with an attorney early. Whether your situation involves a standard workers’ compensation claim or one involving additional third-party factors can affect what benefits and options are available to you.
Workers’ Compensation and Workplace Violence Claims
If you were injured as a result of workplace violence, you are generally entitled to file a workers’ compensation claim regardless of who was at fault. California’s workers’ compensation system is a no-fault system, meaning you do not have to prove your employer did anything wrong to receive benefits. Those benefits can include:
- Medical treatment for injuries caused by the incident
- Temporary disability payments if you are unable to work during recovery
- Permanent disability benefits if the injury results in lasting limitations
- Vocational rehabilitation, if you cannot return to your previous position
Filing a workers’ compensation claim after a violent incident does not prevent you from exploring other options if a third party was responsible for the attack.
What to Do After a Workplace Violence Incident
Acting quickly after a violent incident at work helps protect your claim and preserve evidence. The steps below can make a real difference:
- Report the incident to your employer in writing as soon as possible
- Seek medical attention immediately, even if injuries seem minor at first
- Document everything you remember about the incident, including any prior threats or complaints
- Keep copies of any communications related to the incident or prior complaints
- Avoid giving recorded statements to insurance representatives without speaking to an attorney first
The best defense against the consequences of workplace crime and violence often starts with clear, consistent documentation from the very beginning. Gaps in reporting can create unnecessary complications for your workers’ compensation claim later.
Talk to J Smith Law, PC About Your Workers’ Compensation Claim
If you were injured in a workplace violence incident in Bakersfield or anywhere in California, J Smith Law, PC is here to help. Attorney Jaime L. Smith leads our Bakersfield-based team, and we provide personalized attention to every client. We are well-respected in the local legal community for the trust we build with the workers we represent. We offer free consultations, so there is no cost to find out where you stand. Call us at (661) 716-5555 or fill out our online contact form to get started.
