San Francisco Employment Law Firm Blog
Does workers’ compensation cover an assault at work?
A work-related assault can qualify for workers’ compensation benefits. The starting question is whether the injury arose out of and occurred in the course of employment, not simply whether it happened inside a workplace. A fight over job assignments presents different issues from a purely personal dispute unrelated to either person’s work. An incident in a parking lot, during a break, or near a picket line requires examination of what the employee was doing and how the injury related to employment.
California Labor Code section 3600 establishes the conditions for coverage. It also excludes injuries arising from an altercation in which the injured employee was the initial physical aggressor. An accurate summary of how the confrontation began is therfore important. When workers’ compensation applies, it generally replaces an ordinary personal injury lawsuit against your employer, subject to exceptions. This is called the workers’ compensation exclusive remedy rule. See Labor Code section 3602.