Philadelphia is a major city and like all major cities, suffers from crime. Robberies and assaults happen almost every day. Store employees often fall prey to such criminal activity. Cashiers, clerks, security guards, etc. can be injured or even killed in store robberies. When the criminal activity occurs during the course and scope of employment, the injured worker will likely be eligible for workers’ compensation benefits.
Click here for part 1 of this article, which discussed PA workers’ compensation benefits available to workers who are injured due to criminal activity at work.
The problem is that in situations when very serious injuries result, workers’ compensation benefits simply do not provide the type of financial compensation crime victims should be entitled to. For example, a store clerk who is beaten, raped and robbed at work and suffers major injuries would receive medical benefits and/or disability benefits via his or her employer’s workers’ compensation insurance.
However, the downside of workers’ compensation is that in general, the benefits do not allow for pain and suffering damages. So the store clerk in this example may have their medical bills paid by workers’ compensation, but would not otherwise receive any compensation for their horrific pain and suffering.
Is Workers’ Compensation the Only Type of Compensation Available?
In general, workers who suffer work related injuries are limited to workers’ compensation claims. However, what most workers do not know is that other claims may be made against other, non-employer parties. In a convenience store or gas station robbery situation, the injured clerk-worker could have a claim against a security company which provided negligent security, resulting in the criminal activity.
The injured clerk may also have a claim against the franchisor, the main company which leases the rights to use a specific brand to the store owner (franchisee). For example, “ABC Convenience Store” is a national company and brand. A Philadelphia company opens an “ABC Convenience Store” in Philadelphia. As part of its purchasing or franchise agreement, the local Philadelphia company agrees to abide by certain requirements. If store safety and security procedures were included in the terms of that agreement, the national company (franchisor) could be held liable. In other words, the injured clerk-worker might have a claim against the national company.
These types of claims, against non-employer parties, are separate and distinct from any workers’ compensation, and in no way depend on the acceptance or denial of workers’ compensation benefits. A clerk who is injured in a store robbery could make either or both types of claims.
Therefore, it is vital that victims of work related crimes seek advice of a work accident and crime victim lawyer to discuss viability of other claims.
Related work accident and injury articles:
- Employer Liability for Work Related Accidents in Pennsylvania
- Pennsylvania Workers’ Compensation Law – The Basics (Part A)
Philadelphia Workers’ Compensation & Accident Lawyers. FREE Consultations. Click To Call
The Philadelphia law firm of Laffey, Bucci & Kent represents workers who are injured on the job. Our work accident lawyers specialize in handling negligence cases against third parties and may handle workers’ compensation cases. Depending on the facts of a given work accident case, the firm may refer the workers’ compensation case to another law firm. Please call the firm for a free consultation. Click To Call
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