Assaulted at Work: Is Comp My Only Claim?

Workplace violence is one of the situations listed on our assault and battery practice page, and it sits where two systems meet. Workers' compensation pays medical care and disability benefits without anyone having to prove fault, but it generally bars lawsuits against the employer. The civil courts remain open for claims against almost everyone else.

Who attacked you, and where, decides which claims exist. A customer, a stranger, a co-worker, a supervisor and an ex-partner who came to your job each lead to different rules, explained below.

What happens after an assault at work, step by step?

Report the injury to your employer in writing. A workers' compensation claim generally requires written notice to the employer within 30 days of the injury (Labor Code 5400).
Get the claim form. The employer must provide a claim form within one working day of learning of an injury that needs more than first aid or causes lost time (Labor Code 5401). Our guide on workers' comp and a third-party claim after a work crash walks through the comp process in more detail.
Report the crime to police. A police report helps the comp claim, any civil claim, and an application to the Victim Compensation Board.
Identify who attacked you and why. State law sorts workplace violence into four types: strangers, customers or clients, current or former co-workers and supervisors, and people with a personal relationship to an employee (Labor Code 6401.9(a)).
Look for claims outside the comp system. Claims against anyone other than your employer stay open (Labor Code 3852); claims against a co-worker or the employer itself depend on the exceptions in Labor Code 3601 and 3602.
Ask for the employer's workplace violence records. Most employers must keep a violent incident log, and records must be made available to employees on request within 15 calendar days (Labor Code 6401.9(f)(6)).
Track both sets of deadlines. The comp notice is due within 30 days; a lawsuit for assault or battery generally must be filed within two years (Code of Civil Procedure 335.1).

Who can you sue, depending on who attacked you?

Who attacked you	Claim outside workers' comp	Rule
A stranger or a customer	A lawsuit against the attacker, and possibly against a property owner or business that controlled the place, if it is not your employer	Labor Code 3852; CACI 1005
A co-worker	A lawsuit against the co-worker personally, if the injury was caused by a willful and unprovoked physical act of aggression or by the co-worker's intoxication; the employer cannot be made to pay that judgment	Labor Code 3601(a), (b)
Your employer (or its owner) personally	A lawsuit against the employer for a willful physical assault, which requires a specific intent to injure	Labor Code 3602(b)(1); CACI 2801
A co-worker, with the claim aimed at the employer	Not allowed under the employer-assault exception on a respondeat superior theory, according to a decision the Judicial Council cites under CACI 2801, unless the employer ratified the assault	CACI 2801
An ex-partner or relative who came to your workplace	A lawsuit against that person, including the domestic violence tort where the relationship fits	Labor Code 3852; Civil Code 1708.6
An employee of a different company working at the same site	A lawsuit against that person and possibly their employer	Labor Code 3852; CACI 3720

Why is workers' comp usually the only claim against my employer?

Labor Code 3600 makes an employer liable for workers' compensation "without regard to negligence" for injuries arising out of and in the course of the employment, and Labor Code 3602(a) makes that the "sole and exclusive remedy" against the employer when the conditions of compensation are met. In exchange for benefits that do not depend on fault, the employee generally gives up a negligence lawsuit against the employer, even if the employer's poor security contributed to the attack.

The exceptions are narrow. Labor Code 3602(b) lists three: a willful physical assault by the employer, the employer's fraudulent concealment of an injury that makes it worse, and a defective product the employer made and sold to others. Only the first concerns an assault.

When can I sue my employer for an assault?

When the employer itself willfully physically assaulted you (Labor Code 3602(b)(1)). The jury instruction requires proof that the employer touched you in a harmful or offensive manner, or engaged in physical conduct a reasonable person would see as a real, present and apparent threat of bodily harm; that the employer intended to harm you; that you were harmed; and that its conduct was a substantial factor (CACI 2801).

The intent requirement is strict. A decision the Judicial Council cites under CACI 2801 says that willful employer assaults "do not include all common law batteries, but only those batteries that are specifically intended to injure." Another quoted decision says bodily contact is not necessary for a physical assault. For a small business, the owner who attacks an employee may be the employer; for a corporation, the question of whose conduct counts as the employer's is more complicated.

If you win a civil judgment under this exception after receiving comp benefits, the comp already paid is credited against the judgment, and the employer is relieved of paying further comp up to the net amount you received (Labor Code 3600(b)).

Can I sue a co-worker who attacked me?

Yes, in two situations. Labor Code 3601(a) keeps comp as the exclusive remedy against a co-worker acting within the scope of employment, except when the injury is caused by the co-worker's "willful and unprovoked physical act of aggression" or by the co-worker's intoxication. In those cases you may sue the co-worker in addition to receiving comp.

The employer cannot be made to pay a judgment against the co-worker under that section (Labor Code 3601(b)), so the practical question is whether the co-worker has assets or coverage. When the attacker cannot pay, our guide on who else can pay when the attacker cannot covers restitution and victim compensation.

What does California's workplace violence law require of employers?

Since July 1, 2024, most California employers must have a written workplace violence prevention plan, record every workplace violence incident in a violent incident log, train employees, and keep hazard, log and investigation records for at least five years (Labor Code 6401.9). Exemptions include certain health care settings that follow a separate standard, employees teleworking from a place the employer does not control, and workplaces with fewer than 10 employees present that are closed to the public, if they comply with the general injury prevention rules (Labor Code 6401.9(b)(2)).

Cal/OSHA enforces the law through citations and penalties (Labor Code 6401.9(g)). Even though comp usually bars a negligence suit against your employer, the log and the plan can show what was known about the risk, which can matter in a claim against a property owner or another company.

What changes the answer?

You threw the first punch. Comp does not cover an injury arising out of an altercation in which the injured employee was the initial physical aggressor (Labor Code 3600(a)(7)).

The attack was motivated by bias. If a third party attacked you because of your race, religion, sex, sexual orientation or another listed trait, that alone does not make the attack "personal" for deciding the comp claim (Labor Code 3600(c)).

The attacker worked for another company. That company may be responsible for its employee's conduct within the scope of employment; see when an employer is responsible for its employee's attack.

The place belongs to someone else. If you were working at a mall, a client's building or a public facility, its owner may have its own duty to provide reasonable security; see when a business is responsible for an assault on its property.

A public entity owns the place. A claim against a city, county or district needs a written claim within six months (Government Code 911.2); see assaults at a public facility.

What could this look like? An example

For example, imagine a cashier at a store in a Santa Rosa shopping center who is attacked by a customer in the parking area after closing. The center's management company controls the lot and had received complaints about earlier robberies there.

The cashier reports the injury to her employer in writing and files a comp claim, which pays her medical care and temporary disability benefits. She cannot sue her employer for negligent security (Labor Code 3602(a)). She can sue the customer (Labor Code 3852), and the management company, which is not her employer, may owe a duty to provide reasonable security against crimes it could anticipate (CACI 1005). If she recovers from the management company, the comp insurer can claim reimbursement for what it paid. This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do people make after an assault at work?

Not giving written notice to the employer within 30 days.
Assuming comp is the only claim and never looking at the attacker, a property owner or another company.
Suing the employer for negligent security, which comp exclusivity generally bars.
Not asking for the violent incident log and related records, which must be produced within 15 calendar days of a request.
Settling a third-party claim without involving the comp insurer, which has its own rights in the recovery.

What should I do this week?

Give your employer written notice of the injury and keep a copy.
Complete and return the claim form.
Report the assault to police and get the report number.
Write down who attacked you, whether you knew them, and any earlier threats or incidents.
Request the violent incident log and workplace violence records in writing.
Follow the evidence checklist in our guide on what to do in the first week after an assault.

Frequently asked questions

Does comp cover an attack by a customer?

Generally yes, if the injury arose out of and in the course of the employment (Labor Code 3600). Comp pays regardless of fault, and you keep the right to sue the customer (Labor Code 3852).

Can I be fired for filing a comp claim after an assault?

California law protects workers who file comp claims. Our guide on whether you can be fired for a workplace injury claim explains those protections.

Where is the local workers' comp office?

The Division of Workers' Compensation's Santa Rosa district office is at 50 D Street, Room 420. Its page currently shows a closure notice with instructions for filing elsewhere, so check it before you go.

Can I get victim compensation if comp is paying?

The Victim Compensation Board pays only expenses no other source covers, and it says workers' compensation benefits may be subject to repayment to it.

How long do I have to sue the attacker?

Generally two years for assault or battery (Code of Civil Procedure 335.1). Our guide to California personal injury deadlines covers the exceptions.

What if the attacker was my former partner?

A former spouse, cohabitant or dating partner who attacks you at work can be sued for domestic violence, with a longer deadline; see suing for domestic violence in California.

If you were assaulted at work and want to know which claims you have beyond workers' comp, contact Young Law Group today at (707) 343-0556 or through our contact page for a free consultation.

I was assaulted at work: is workers' comp my only option?