Are Workplace Violence Injuries Covered by Workers’ Compensation in Georgia and South Carolina?

Workplace violence is more common than most people realize. According to OSHA, nearly 2 million American workers report being victims of workplace violence each year — and many more incidents go unreported. If you were attacked, assaulted, or threatened at work in Georgia or South Carolina and suffered injuries, you may be entitled to workers’ compensation benefits. But whether your specific situation qualifies depends on the circumstances of the violence and its connection to your employment.

This guide explains when workplace violence injuries are covered by workers’ comp, the key legal tests in both Georgia and South Carolina, and your options when workers’ comp alone is not enough.

Are Workplace Violence Injuries Covered? The Short Answer

Yes — if the violence was connected to your employment. Workers’ compensation covers injuries that arise out of and in the course of employment. When workplace violence meets this test, the resulting injuries are covered just like any other work injury — regardless of fault. You do not need to prove your employer was negligent or that the attacker was at fault.

However, the “arising out of employment” requirement creates important distinctions. Violence motivated by purely personal reasons — such as a domestic dispute that follows you to work — may not qualify. The key question is whether the violence had a work connection.

What Counts as Workplace Violence Under Workers’ Comp

Workplace violence encompasses a broad range of incidents, from physical assaults to threats and intimidation. For workers’ comp purposes, the relevant categories include:

• Customer or client violence: A customer attacks an employee over a transaction dispute, service complaint, or policy enforcement
• Criminal acts by outsiders: An armed robbery, carjacking during a delivery, or random assault on a worker
• Coworker altercations: A fight between coworkers that arises from a work-related disagreement
• Patient or resident violence: Healthcare workers and nursing home staff assaulted by patients or residents
• Active shooter incidents: Mass violence events at the workplace
• Domestic violence at the workplace: A spouse, partner, or ex brings violence into the work environment

The Work-Connection Requirement

The central legal question in every workplace violence workers’ comp claim is: did the violence arise out of the employment? Courts in both Georgia and South Carolina use several tests to determine this:

The “Increased Risk” Test

Was the employee exposed to a greater risk of violence because of their job than the general public? Employees who handle money (cashiers, bank tellers), work with volatile populations (mental health workers, correctional officers), or work in high-crime areas face elevated risks directly because of their employment. Violence against these workers almost always qualifies.

The “Work-Related Dispute” Test

Did the violence arise from a dispute connected to the work itself? An argument between coworkers about how to complete a task, a disagreement with a supervisor about job duties, or a confrontation with a customer over company policy all have a clear work connection.

The “Street Risk” Doctrine

Was the employee working in a location that exposed them to the same risks as being on the street? Delivery drivers, utility workers, construction crews, and others who work outdoors or travel between locations are exposed to random acts of violence as a direct consequence of their employment. Injuries from these random acts are generally covered.

Scenarios That Are Typically Covered

• A cashier is punched by an angry customer during a return dispute — covered because the violence arose directly from the employment relationship
• A nurse is attacked by a patient during care — covered because patient violence is a known risk of healthcare employment
• A convenience store clerk is injured during a robbery — covered because the employee was exposed to criminal risk due to their job
• A delivery driver is carjacked while making deliveries — covered under the street risk doctrine
• Two coworkers fight over a work assignment — the injured party is generally covered because the dispute arose from employment
• A security guard is assaulted while performing duties — covered because confronting violence is inherent to the job
• An employee is caught in an active shooter incident at work — covered because the employee was at the workplace during the event

Scenarios That May Not Be Covered

• A purely personal dispute: Two coworkers who are in a personal relationship fight about a non-work matter during break — may not be covered because the violence did not arise from employment
• Domestic violence: An employee’s ex-spouse comes to the workplace and assaults them — often not covered because the violence stems from a personal relationship, not employment. However, some courts have found coverage when the employer knew of the threat and failed to protect the employee.
• You were the aggressor: If you started the fight, your injuries may not be covered — the violence arose from your own voluntary conduct, not from employment
• Off-duty social events: Violence at an optional after-work gathering that is not employer-sponsored may lack the work connection

Georgia Rules for Workplace Violence Claims

Georgia’s workers’ compensation law (O.C.G.A. Title 34, Chapter 9) requires that the injury “arise out of and in the course of employment.” For violence claims, Georgia courts apply these principles:

• Assaults with a work connection are covered. If the violence was motivated by or connected to the work relationship, the claim qualifies — even if the attacker was a third party.
• The aggressor defense. Georgia may deny benefits to the employee who initiated the fight. However, even if you participated in an altercation, if it began as a work-related dispute, coverage may still apply.
• Random criminal acts. Georgia covers injuries from random criminal violence when the employment placed the worker in a position of increased exposure — such as working alone at night, handling cash, or working in a dangerous location.
• Employer notice requirements apply. You must report the injury to your employer within 30 days (O.C.G.A. § 34-9-80) and file your claim within 1 year (O.C.G.A. § 34-9-82).

South Carolina Rules for Workplace Violence Claims

South Carolina’s workers’ compensation law (S.C. Code Title 42) takes a similar approach:

• The “arising out of” test is the same. South Carolina requires that workplace violence have a connection to the employment for the injury to be compensable.
• Positional risk doctrine. South Carolina has recognized that if the employment placed the worker in the position where the violence occurred — even if the violence was random — the claim may qualify. This is sometimes called the “but for” test: but for the employment, the worker would not have been at the location where the violence happened.
• The aggressor bar applies. If you were the initial aggressor, your claim is likely barred.
• 90-day reporting deadline. You must notify your employer within 90 days (S.C. Code § 42-15-20) and file your claim within 2 years (S.C. Code § 42-15-40).

Third-Party Lawsuits Beyond Workers’ Comp

Workers’ compensation provides no-fault benefits but does not include compensation for pain and suffering. When workplace violence involves a third party (someone other than your employer or coworker), you may have a separate personal injury lawsuit that provides full compensatory damages.

Common third-party claims in workplace violence cases:

• Assault and battery lawsuit against the attacker — you can sue the person who assaulted you for damages beyond what workers’ comp provides
• Premises liability claim against a negligent property owner — if inadequate security at the premises contributed to the attack
• Negligent security claim — if the employer or property owner failed to provide reasonable security measures (cameras, lighting, security personnel, access controls) in a location with known violence risks
• Product liability claim — if a defective security system or safety device failed to prevent the attack

Third-party lawsuits allow recovery of pain and suffering, emotional distress, punitive damages, and other damages not available through workers’ comp. In Georgia, the personal injury statute of limitations is 2 years (O.C.G.A. § 9-3-33). In South Carolina, it is 3 years (S.C. Code § 15-3-530).

When the Employer Failed to Prevent the Violence

While workers’ comp generally provides the exclusive remedy against your employer, there are situations where the employer’s failure to prevent workplace violence may create additional liability:

• The employer knew about a specific threat — such as a restraining order against a former employee — and failed to take protective measures
• The employer ignored a pattern of violence — repeated incidents were reported but no action was taken
• The employer failed to comply with OSHA requirements — workplaces with known violence risks must implement violence prevention programs
• Negligent hiring or retention — the employer hired or kept an employee with a known history of violence who then attacked a coworker

These circumstances may support claims beyond the workers’ comp system, depending on the specific facts.

Steps to Take After a Workplace Violence Incident

1. Get to safety and call 911. Your physical safety is the immediate priority.
2. Seek medical treatment immediately. Document all injuries — including psychological trauma like anxiety, PTSD, and depression.
3. Report the incident to your employer. Do this in writing as soon as possible. In Georgia, you have 30 days; in South Carolina, 90 days — but do not wait.
4. File a police report. Criminal charges against the attacker create an official record that supports your workers’ comp and any third-party claims.
5. Document everything. Photographs of injuries, witness names and contact information, security footage (request preservation before it is overwritten), and your own written account of what happened.
6. Do not give a recorded statement to the workers’ comp insurer without consulting an attorney first.
7. Consult an attorney. Workplace violence cases often involve both workers’ comp and third-party claims. An attorney can evaluate all your legal options.

Talk to a Workers’ Compensation Lawyer

Workplace violence injuries can be physically devastating and psychologically traumatic. You deserve both workers’ comp benefits and, where applicable, full compensation from any third party whose negligence contributed to the attack.

At Roden Law, our attorneys handle workplace violence claims from offices in Savannah, Darien, Charleston, Columbia, and Myrtle Beach. We work on a contingency fee basis — you pay nothing unless we recover compensation for you.

Injured by workplace violence? Call Roden Law at 1-844-RESULTS or contact us online for a free consultation. We will evaluate your workers’ comp claim and determine whether a third-party lawsuit can provide additional compensation.

About the Author

Eric Roden

Founding Partner, CEO