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THE SHORT ANSWER
If you were assaulted on post, three statutory rules can change your case — and they are almost never argued together. The psychiatric threshold drops from predominant cause (more than 50%) to a substantial cause (35 to 40%) where the injury results from being a victim of a violent act or direct exposure to a significant one. The six-month employment requirement can be waived where the injury resulted from a sudden and extraordinary employment condition. And the 2013 bar on rating a psychiatric disorder that arises out of a physical injury does not apply to violent-act injuries. That last one is the most valuable statutory exception in this vertical and it is routinely missed.
The employer’s plan is your evidence
California’s workplace violence prevention law took effect July 1, 2024 and applies to essentially every employer. It requires a written plan with specified elements — including procedures to identify, evaluate, and correct workplace violence hazards, to respond to emergencies, to accept and respond to reports without retaliation, and to review the plan annually and after every incident.
It also requires a Violent Incident Log for every incident, recording the date, time, and location, the type of violence, a detailed description, the circumstances — including whether the employee was working during low staffing, isolated or alone, rushed, in a poorly lit area, or unable to get help — and what was done afterward. Records must be kept for five years and produced to employees on request.
Why this decides cases. Guards are deployed by a contractor onto a client’s premises, and both the guard company and the client have obligations at that site. A guard assaulted at a post with no hazard assessment, no incident log, no panic device, and no post orders has:
- A straightforward work-relatedness case
- A serious and willfulSerious and willful +50%, and uninsurable, so the employer pays personally. 12 months. misconduct claim worth a 50% increase — paid personally by the employer and not covered by insurance — if the employer knew of prior incidents at that post and did nothing
- A third-party claim against the client premises owner — because workers’ compensation exclusivity does not protect the client
- And a retaliation claim — if the response to the assault was to remove you
Your training file matters too. Guards must hold a state Guard Card with specified training hours. That file is discoverable, and an employer who deployed an untrained guard to a high-risk post has a serious problem.
What the work does
Acute — the dominant category: assault including blunt force, stabbing, and gunshot, with traumatic brain injury and concussion; injuries sustained restraining or detaining someone — shoulder dislocations, rotator cuff tears, knee and ankle injuries, bites and needlesticks; dog bites; crashes on patrol; falls in dark stairwells, parking structures, and construction sites; heat illness at outdoor and gate posts; fentanyl and biohazard exposure at transit, shelter, and encampment posts; and psychiatric injury from assault, from witnessing an overdose or a death, and from sustained threat exposure.
DUTY · THE MOTION · WHAT IT BECOMES
Foot patrol
eight to twelve hours on concrete in issued boots, often with a duty belt carrying 8–15 lbs asymmetrically
Plantar fasciitis, Achilles tendinopathy, knee and hip arthritis, lumbar facet and disc disease — duty-belt loading is well documented in the law enforcement literature and applies here identically — plus chronic venous insufficiency
Fixed post or console
prolonged static standing or sustained neck posture watching monitors
Cervical strain and disc disease, lumbar
Stair patrol
repeated climbing in high-rises and parking structures
Knee — patellofemoral pain, meniscal tears
Vehicle patrol
whole-body vibration, prolonged sitting with a duty belt, repeated climbing in and out
Lumbar disc disease, hip, knee
Night shift
circadian disruption across most of the workforce
Sleep disorder, cardiometabolic disease, elevated crash risk commuting
Also: hearing loss for guards at concert venues, stadiums, and firearms qualification ranges.
Getting your rate right
- Turnover above 90% means most injured guards have short tenure — at the employer where they were hurt. Do not let a carrier annualize a few weeks downward — the calculation should reflect your scheduled hours and earning capacity.
- A second guard job is very common — and with a median wage around $20 an hour, that second job is frequently the difference between the statutory minimum benefit and a real one. Those earnings aggregate.
- Graveyard, weekend, and holiday differentials count — Armed-post premiums count. On-call and standby time counts where you had to remain on premises.
- Uniform allowances and permit reimbursements are contested — Argue they count where paid as a flat amount unrelated to actual expense.
And one precise detail: a worker employed only in security work at a marine terminal is excluded from federal longshore coverage when state workers’ compensation covers them. Your claim is a California claim — which matters if anyone tells you otherwise.
Frequently asked questions
I was assaulted at work. What do I do?
Report it, get treated, and preserve everything — the incident report, the post orders, prior incident history at that site, and whether the employer had a violence prevention plan. Those facts drive the whole case.
Can I get benefits for what it did to me mentally?
Yes, and the standard is lower for injuries from violent acts. The 2013 restriction on rating a psychiatric disorder that arises out of a physical injury also does not apply to violent-act injuries.
I’ve only worked there four months.
The six-month requirement can be waived where the injury resulted from a sudden and extraordinary employment condition. Whether an assault qualifies is an argument, not a right — the courts read “sudden and extraordinary” narrowly, as an uncommon and totally unexpected occurrence rather than a hazard that is regular and routine to the job (SCIF v. WCABWCAB Workers’ Compensation Appeals Board. The court system that decides these cases. 23 district offices statewide. (Garcia) (2012) 204 Cal.App.4th 766; Travelers Casualty & Surety Co. v. WCAB (Dreher) (2016) 246 Cal.App.4th 1101). In security work, where assault is a foreseeable hazard, it is the hardest version of that argument to win — which is exactly why it has to be built on the specific facts.
Can I sue the property where it happened?
Possibly. Workers’ compensation exclusivity protects your employer, not the client whose premises you were guarding.
I hurt my shoulder restraining someone.
Compensable, and common. Document the incident even if you did not miss work.
My back and feet are wrecked from years of patrol.
Cumulative traumaCT — Cumulative trauma Injury from repeated exposure over time. The largest injury category in California and the least claimed., fully compensable — and duty-belt loading is a documented mechanism.
They moved me off post after I got hurt.
That may be retaliation, and it has a short deadline.
Sources
SB 553 / Labor Code § 6401.9Cal/OSHA workplace violence in general industryUC Berkeley Labor Center, security guard workforce, April 2026BSIS guard requirementsLabor Code §§ 3208.3, 4553, 4660.133 U.S.C. § 902(3)(A)8 CCR §§ 3342, 3395, 3396, 5110, 5193SCIF v. WCAB (Garcia) (2012) 204 Cal.App.4th 766Travelers Casualty & Surety Co. v. WCAB (Dreher) (2016) 246 Cal.App.4th 1101§ 3208.3(d).
General information about California law, not legal advice about your case.
Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed
Law Offices of Solov & Teitell, APC · (213) 380-9310
Printed from https://www.solovteitell.com/industries/security-guards/ · Last reviewed