The workplace can quickly become violent in California. Workers are under incredible levels of stress these days – often working two or even three jobs to make ends meet. A turbulent economy leaves little time for relaxation and time off, making burnout inevitable. While most workers simply put their heads down and get their work done without becoming violent or aggressive, there are always a few people who pose a genuine risk to others at the workplace.
People who are just trying to earn a living often end up being victimized by other workers. What happens if you have suffered serious, debilitating injuries at your workplace in California? Is it possible to seek compensation by filing a workers’ comp claim? Does workers’ comp even cover these kinds of incidents, and how can you get help from a lawyer to resolve this situation? Let’s find out:
Workplace Violence is a Real Threat in California
It is no secret that many workers in California have suffered workplace violence. The most recent example shocked the world and made headlines across the nation. In January of 2023, a worker at a mushroom farm in Half Moon Bay shot and killed seven people at his workplace. He then hid in a nearby forest, but the authorities were able to locate him by tracking his cell phone signal. The shootings occurred in two separate locations, with four deaths at the first farm and three deaths at the second farm.
It was later revealed that the violence was sparked over a disagreement about a repair bill allegedly worth $100. The farm worker met with his supervisor on the fateful day and allegedly tried to blame a co-worker for damage to a forklift that had struck a bulldozer. The defendant was driving the forklift at the time of the incident, and so his supervisor asked him to pay the repair bill. A dispute seems to have escalated at this point, and Zhao drew a firearm. He then not not only shot and killed his supervisor but also fired at his co-workers. Among these targets was the wife of a farm worker. Afterward, he went to another nearby farm where he had worked previously and killed three former co-workers. In court, the worker claims that he was bullied at work and was forced to work long hours. All of the victims were apparently Chinese immigrants, and the shooter is not a US citizen.
When Can You File a Workers’ Comp Claim for Workplace Violence?
It is certainly possible to file a workers’ comp claim for injuries sustained due to workplace violence. However, some claims may be denied if certain circumstances are not met. First of all, these claims are typically only paid out if the violence was “work-related.” This means that the underlying dispute that led to the violence must have involved work in some way. The above story is a textbook example of how workplace disputes can spiral out of control and lead to violence. The farm worker’s decision to become violent was clearly sparked by a workplace incident. The supervisor asked him to pay a bill for the damage he had allegedly caused, and this caused him to react violently.
Similar situations in California workplaces may lead to workers’ compensation claims and payouts. For example, you might have been attacked by your boss for not following their directions. This is not only illegal and a form of assault, but it is also grounds for a workers’ comp settlement because the dispute was work related.
Another example might involve two co-workers competing for the same promotion. If you get the promotion and the other worker ambushes you in the parking lot, this could form the basis for a workers’ comp settlement. There are many other similar examples, but the general rule is that if the violence was sparked by work-related issues, you may have the opportunity to receive compensation via workers’ comp.
It is also worth going over a few examples of when workers’ comp does not cover violence that occurs at the workplace. Let’s say you were driving to work and you cut off a co-worker – causing them to brake suddenly and lose control of their vehicle. If the worker storms into the workplace and punches you in the face for the traffic incident, you would not have the ability to file a workers’ comp claim. Why? Because the incident was not sparked by a workplace disagreement, but rather a separate road rage episode that had nothing to do with your employment.
Another example might involve a worker stealing their boss’ house keys and burglarizing their home. If the boss finds out and attacks their worker at the office to get revenge, the victim would not have the ability to file a workers’ comp claim. This is because the crimes had nothing to do with employment.
Practical jokes and horseplay that become violent or cause injuries may also be eligible for compensation for the same general reasons. Some amount of horseplay or “goofing off” is to be expected at a typical workplace, but if these incidents deviate too far from the normal course of employment and workplace duties, compensation may be difficult to secure.
Where Can I Find a Qualified, Experienced Workers’ Comp Attorney in California?
If you have been searching for a qualified, experienced workers’ comp attorney in California, look no further than Los Angeles Workers’ Comp Attorney. We know that violence in the workplace is a real threat to workers in California. There is no reason you should have to pay for your medical expenses and missed wages if the violence you suffered was work-related.
Even if your claim has been denied, we can help you file an appeal and fight for the compensation you deserve. If a workers’ comp claim is impossible, there may be other options. Book your consultation today to discuss these options and move forward with a sense of confidence and efficiency.