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

Workplace violence is more common than most people realize. According to the Bureau of Labor Statistics, 733 workers were killed by violent acts on the job in 2024, including 470 homicides — and OSHA says many more non-fatal 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 rules in 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? The two states frame the rule differently, but three situations recur:

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 generally 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.

Random Violence While Working in Public

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 — in Georgia under positional risk, in South Carolina if the work setting increased the risk.

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 — generally covered because the job put the driver where the attack happened
• 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 — generally covered where the shooter had no personal motive against the worker

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. In Georgia that cuts the other way: because the attack is outside workers’ comp, an employer that knew of the threat can face a negligence suit (Clark v. Carla Gay Dress Co.).
• 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. § 34-9-1(4)) requires that the injury “arise out of and in the course of employment” and excludes injury “caused by the willful act of a third person directed against an employee for reasons personal to such employee.” 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 denies benefits for injury “growing out of” the worker’s “attempt to injure another” (O.C.G.A. § 34-9-17(a)), and the employer must prove it. However, even if you participated in an altercation, if it began as a work-related dispute, coverage may still apply.
• Random criminal acts. Under Georgia’s positional-risk doctrine (National Fire Ins. Co. v. Edwards; Chaparral Boats, Inc. v. Heath), an injury is covered when the work required the employee’s presence “in the locale when the peril struck” (but for the job, the worker would not have been there), such as working alone at night, handling cash, or working in a dangerous location. A personal motive defeats it (Simmons v. Solo Cup, 2024).
• 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) uses the same words but applies them differently:

• 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 (S.C. Code § 42-1-160(A)).
• Causal connection, not a hazard peculiar to the job. The South Carolina Supreme Court holds that a worker need only show a causal connection between the conditions of the work and the injury (Nicholson v. S.C. DSS, 2015). For assaults, South Carolina courts ask whether the nature or setting of the work increased the risk of being attacked (Doe v. S.C. State Hospital).
• Wilful intent to injure bars the claim. South Carolina denies compensation only where the worker acted with a deliberate intention to injure someone (S.C. Code § 42-9-60; Kinsey). A spontaneous scuffle does not trigger the bar, and the employer must prove it.
• 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 — and, in Georgia, other than a 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 (in Georgia, not a coworker over a work-related attack)
• Premises liability claim against a negligent property owner — if inadequate security at the premises contributed to the attack
• Negligent security claim — if a property owner other than your employer failed to provide reasonable security measures (cameras, lighting, security personnel, access controls) in a location with known violence risks

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). Workers’ comp adds its own clocks: in South Carolina, sue within one year after the carrier accepts liability or pays, or the claim can pass to the carrier (S.C. Code § 42-1-560(b)-(c)); in Georgia, the employer or insurer may sue if you have not sued within one year of the injury (O.C.G.A. § 34-9-11.1(c)). Either way, the comp insurer holds a lien on the recovery.

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; such an attack is usually personal, which in Georgia puts it outside workers’ comp (O.C.G.A. § 34-9-1(4))
• The employer ignored a pattern of violence — repeated incidents were reported but no action was taken
• The employer ignored OSHA’s General Duty Clause (29 U.S.C. § 654(a)(1)) — OSHA has no specific workplace-violence standard, but it cites employers under this clause (CPL 02-01-058) and recommends prevention programs; a citation is evidence, not a claim
• Negligent hiring or retention — the employer hired or kept an employee with a known history of violence who then attacked a coworker, where the attack was personal, so workers’ comp does not apply

If the injury is compensable, the exclusive-remedy rule bars these suits against the employer (O.C.G.A. § 34-9-11(a); S.C. Code § 42-1-540; Dickert). 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

Graeham C. Gillin

Partner, COO