Violent Acts and Workers’ Compensation

Work-related injuries can happen despite any and all precautions taken by an employer. Even the most careful preparations can fail to protect all employees from all types of injuries. The workers’ compensation system has been designed such that different injuries may receive different treatment with different types of requirements. One example of narrow or particular requirements is in the case of a work-related injury resulting from violent act.

Workers’ compensation is designed to address an injured worker’s work-related injuries. However, even if the injury is sustained due to willful violence from another worker, the injury is still compensable. For example, if an employee is assaulted by another employee while at work, those injuries will fall under the category of compensable work-related injury. Similarly, if the employee is assaulted by a client or customer, those injuries are also compensable under workers’ compensation. Simply because the assault should not occur during the course of employment or does not directly involve what is an employee’s job duties does not take it out of the realm of a compensable injury. For example, in a 2015 case, the WCAB found that a violent act included a situation when an employee sustained injury after being punched in the back of the head by another co-worker. Similarly, another case found it was a violent act where an employee was injured during a store robbery.

California labor code 3208.3 is one provision that addresses work-elated violent injury. Subsection (b)(2) specifically talks about psychiatric injury that is a result of a violent act. The statute provision states that if the psychiatric injury is resulted from being the victim of a violent act, the employee “shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury.”  A recent case addressed this provision. Larsen v. Securitas Security Services involved a case where a security guard was hit by a car when she was walking through the parking lot, performing her regular duties. Among physical injuries, she also claimed psychiatric injuries arising from the violent act of being hit by the car. The WCAB agreed and pointed out that the injured employee was not required under 4660.1 to prove that the violent act was criminal in nature.

If you have questions about what qualifies as a violent act and how to protect your employees, you need to discuss it with an experienced attorney. Call me today at (714) 516-8188 and let me help you and your business.

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