Eligibility, Rights, and Compensation Availability if You’re Injured During a Burglary Attempt
KEY TAKEAWAYS
Getting injured during an attempted burglary is not only physically and emotionally distressing, but can also leave you with questions about your rights and eligibility for compensation.
Understanding the intricacies of eligibility, rights, and compensation is vital to navigate through such circumstances. This guide will explore these aspects in-depth, helping you make informed decisions and seek the assistance you need to recover both physically and emotionally.
The Trauma of a Workplace Robbery
Experiencing a robbery at your workplace can be an incredibly traumatic event. The fear, panic, and vulnerability you feel during such an incident can have long-lasting emotional and psychological effects. Many employees who’ve been in a robbery may experience PTSD.
For example, they may feel anxiety every time a new customer walks in the door. To help mitigate this issue, you may need to go to a psychiatrist or be prescribed certain medications.
This can leave you with medical bills, emotional distress, and lost wages. If you can’t bear this loss, you have two options: file a workers’ compensation claim or sue your employer. If your employer has a workers’ compensation program, you should go through that process first.
The Workers Compensation Route
When injured during a burglary attempt at work, the workers’ compensation route offers a means to seek benefits for medical treatment, lost wages, and rehabilitation services.
What is Workers Compensation?
Workers compensation is a system of insurance that offers benefits to employees who are injured or become ill in the course of their employment. This type of insurance is typically required by law, and varies in coverage from one jurisdiction to another.
The purpose of workers’ compensation is to make sure injured employees receive necessary medical treatment, compensation for lost wages, and rehabilitation services. It also serves as a means for employers to protect themselves from lawsuits related to workplace injuries.
How to Get Workers Compensation
The claims process can be complex for people who’ve never gone through it before. It can also be mentally and physically taxing if you’re currently recovering from trauma or injury.
It’s important to go through a local lawyer if you’re confused about how to make a compensation claim. For example, you should find your compensation lawyers in NYC if you live in that general area. Local expertise is important as they’ll be familiar with their court’s rules.
Here’s the general process for filing a workers compensation claim:
- Get medical attention to get diagnosed with the injury or trauma.
- Notify your employer and insurance company in writing of your claim.
- Submit the claim to the employer’s insurance company and wait for approval.
It’s important to note that approval isn’t guaranteed. However, the more evidence you have for your claims, the more likely it will be that your workers’ compensation claim will be approved.
What to do if Your Claim is Denied
First off, it’s important to know that your employer’s workers’ compensation policy shields them from liability (in most cases) if you were injured or traumatized during a robbery. Therefore, you won’t be able to sue your employer if your claim is denied. Fortunately, you still have options.
Here’s what you can do if your claim is denied:
- Contact the insurance adjuster to work out a solution with them directly
- Work it out through an alternative dispute resolution (ADR)
- Appeal the denial with the help of a worker’s compensation attorney
There are deadlines set by each state for when you can appeal a decision. This is called a statute of limitations, and it varies based on the nature of the crime and where you live.
Suing Your Employer Route
As stated, if your employer has a workers’ compensation policy, you aren’t allowed to sue your employer. However, if they don’t carry worker’s compensation insurance, you can file a lawsuit against your employer. This is even true if you got robbed in the parking lot of your workplace.
Keep in mind that a guilty verdict for the employer is very likely if your employer doesn’t have workers’ compensation. While certain industries are exempt, such as dentistry, banking, and insurance, there’s still a good chance your employer will have to pay for your medical bills.
When making a lawsuit against an employer, you have a few charges you can make:
- Negligence: To prove negligence, you have to show that your employer had a responsibility to protect you against harm and that they failed to do so.
- Negligence Per Se: To prove negligence per se, you need to show that what they did was considered inherently negligence because they violated a statute or regulation.
- Gross Negligence: To prove gross negligence, you must show that the employer failed to exercise reasonable care to protect against an unreasonably high risk of harm.
You should never represent yourself in court. If you choose to go this route, you need to contact a local attorney for help. They’ll be able to direct you toward the best course of action.
In Conclusion…
If you’ve experienced an injury during a burglary attempt at work, you don’t have to navigate the complex process alone. Consult with professionals who specialize in workers’ compensation and personal injury law to understand your rights, options, and avenues for compensation.
