Two employees have an altercation at work; A hits B. Who is entitled to workers' compensation benefits?

• A. The employee who was struck.
• B. The aggressor.
• C. Both employees.
• D. Neither.

Answer: (A)

In California workers’ compensation, benefits go to an employee who is injured on the job, regardless of fault, as long as the injury arises out of and in the course of employment. If two employees have an altercation and one hits the other, the injury to the person who was struck occurred while performing job duties and while at work, so it is compensable. The person who caused the injury wouldn’t receive benefits for that same injury (the claim is on behalf of the injured party), unless they themselves suffer a separate, compensable injury in the incident. So the employee who was struck is entitled to workers’ compensation benefits.