What Is California Labor Code §4650.5: Disability Pay After Workplace Violence?

Notwithstanding Section 4650, in the case of state civil service employees, employees of the Regents of the University of California, and employees of the Board of Trustees of the California State University, the disability payment shall be made from the first day the injured employee leaves work as a result of the injury, if the injury is the result of a criminal act of violence against the employee.

Who does Labor Code 4650.5 actually protect?

For three groups of public employees hurt by violence on the job, it starts the disability check on day one instead of making them wait.

Most California workers who miss time after a work injury do not get paid for the first three days off work, unless the absence stretches past 14 days or the worker is admitted to a hospital. This section carves out a narrow exception to that general rule. It reaches three specific employers only: a state civil service position, the University of California through its Regents, and the California State University system through its Board of Trustees. A worker in one of those roles who is hurt in this kind of violent, intentional incident while on duty skips the waiting period and is paid starting with the very first day of lost time.

How is this different from the normal waiting period?

Most injured workers wait three days for a check to start; a qualifying public employee hurt by violence is paid from day one.

California usually holds back the first three days of wage replacement after a work injury, under Labor Code 4652. That statute opens with its own carveout for this section. The table below lines up the two rules.

Only this section's specific fact pattern, violence that is a criminal act against one of the three named employee groups, skips the wait entirely. Every other qualifying detail of the claim, including how the weekly amount is figured, still works the normal way.

What counts as a criminal act of violence here?

The statute does not spell out the phrase, so whether an incident qualifies depends on the specific facts of what happened.

This section does not define a criminal act of violence on its own terms. In practice, this points to something like an assault, a robbery, or another violent crime committed against the worker while on duty, rather than an ordinary workplace accident such as a fall or a strain. The incident does not need to end in a criminal conviction for the exception to apply, but the facts should show an intentional, violent act rather than simple negligence. For the broader topic of a workplace assault claim, including for a worker outside these three employers, see the firm's guide on being assaulted at work in California.

How does this connect to the rest of the disability pay timeline?

This section only moves up the start date; it does not change the weekly rate or add extra weeks of payment.

Three different statutes answer three different questions about a disability check. Labor Code 4650 sets the deadline for the first payment once one is due, generally 14 days after the employer learns of the injury and the lost time. Labor Code 4652 is the general waiting period that this section overrides for a qualifying claim. Labor Code 4653 sets the two-thirds wage formula the check itself pays once payments begin. This section changes only the start date for a narrow group of public employees; the amount and the length of payments still follow the usual rules.

What should you do if you think this exception applies to you?

Confirm that your employer is one of the three named entities, then document the violent act and the day you first missed work.

Start by confirming exactly who employs you. The exception reaches state civil service positions and the two named university systems; it does not reach a county, a city, a special district, or a school district, each of which follows the general rule instead. Report the incident the same way as any other work injury, and ask that the claim paperwork note that the injury came from this kind of violence. Keep a police report if one exists, any incident report your employer filed, and the date you first missed work. A free consultation can help confirm whether this exception fits your facts and whether the first check was dated correctly.

If you work in California's state civil service, for the University of California, or for the California State University system, and this kind of on-the-job violence kept you out of work, Yazdchi Law P.C. can review whether your first disability payment was timed correctly. Call (661) 273-1780 or use the contact form for a free review of your dates.