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Robbed at gunpoint at work

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brian_b

Junior Member
What is the name of your state?

California

Hi All,

I am a cashier at a major retail store, and was held up at gunpoint on Thursday evening. I was wondering if I am at all eligible for compensation from my company for having had my life put at risk while representing them.

The past two days I have woken up completely dizzy and have random dizzy spells throughout the day, this has never happened to me before the incident.

Do you think this is greedy? I don't want a lot, but I think it is very reasonable that I should receive some sort of restitution for what I went through.

Thanks for any advice you can give.
 


FarmerJ

Senior Member
Some time back I recall reading about jobs that were highest risk of being killed while on duty, being a cashier and cab driver were on it. Being a cashier you had to have known that some day it was gonna happen or the risk was there. In the early 80s I worked at a gas station on West Broadway in Minneapolis. I too was held up at gun point, EVEN though the stations policy was one that had tight drawer limits and we used drop envelopes to drop 20.00 at a time on 3rd shift to keep the till down. I know likely your first couple nights you didnt sleep well. Maybe even had dreams where you re lived the whole thing. Time will let you move forward and if your that uncomfortable working there maybe another shift is the answer. NOW over the years many things have changed and you can contact your local police depts community safe officer to learn if your employers store met local codes such as for example If local ordinance required them to have a 24/7 video recording system and the employer has one then theres nothing more that can be done. If your city requires smaller retail to have 2 people on duty at any time OR required night window service with a system where customers are served thru a tray and the employer didnt have it. then you might be able to make complaints , BUT keep in mind many retail establishments often make changes like that due to pressures from insurance companys long before city ords step in. If you find that your employer failed to meet city licensing code requirements I still wont say you deserve anything in the way of compensation other than a few days off with pay. If you disagree then go find another JOB and go see a atty.
 

mlane58

Senior Member
brian_b said:
What is the name of your state?

California

Hi All,

I am a cashier at a major retail store, and was held up at gunpoint on Thursday evening. I was wondering if I am at all eligible for compensation from my company for having had my life put at risk while representing them.

The past two days I have woken up completely dizzy and have random dizzy spells throughout the day, this has never happened to me before the incident.

Do you think this is greedy? I don't want a lot, but I think it is very reasonable that I should receive some sort of restitution for what I went through.

Thanks for any advice you can give.
You're kidding right? Hell yes I think it is greedy. The store didn't ask this crook to come in and rob their store. Why should you get restitution? You might have a workers comp claim, but it would be slim.

GEEZ!! unbelievable
 

justalayman

Senior Member
mlane58 said:
You're kidding right? Hell yes I think it is greedy. The store didn't ask this crook to come in and rob their store. Why should you get restitution? You might have a workers comp claim, but it would be slim.

GEEZ!! unbelievable
I disagree with the WC claim. This was a job related injury. It can be the beginning of a very long period of mental stress and debility.

Not that I am stating you will have long term problems, it is a possibility. If the symptoms do not subside fairly soon, you should seek psych counseling. Actually I personally believe you should seek counseling anyway. There is a very real possibility of post traumatic stress syndrome in the future. This can be a totally disabling situation in some cases. (for those who disagree, go speak with some war veterans or police officers who have it).

There is a treatment called EMDR that some have found to be very helpful in these situations. As well there are other treatments that can help, it is just I have known some who benefited from EMDR when other treatments were not very successful.

Now the part about recieving compensation from the employer; not unless some/any of farmerj's suggestions would come into play. Here, I do go along with mlane. Unless the employer disregarded any safety law, it is just a part of todays world. (sad but true)
 
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fireboat1

Guest
Something to think about.First,as said already,your employer have anything to do with a robber coming in.Who's at fault.The robber.Can you get anything from the the robber,doubtful. All that aside.Sure,you can file a w/c claim.Perhaps see a shrink who will take you out of work.Give you some meds and counciling.How long will you be out of work.Thats up to the shrink.But lets say its months.Realize you will lose income,also and more importantly.Your employer dont have to hold your job open.So you can lose money and your job. In addition,your w/c claim can bite you on your a**.Down the road you may want another job,should they review your claim in one way or another,you may not get the job.You may become mentally unstable according to your shrinks DX.You mention "greedy"if you are having difficulty because of the incident then by all means get help,but for the reasons I mentioned,dont carry it out unnessarily.There wont be any payoff's for stress or the like that would justify the hassle you would cause yourself.Unless an ailment can be diognosed with certainty and leaves you with a degree of permanent disability theres no monetary compensation.
 

justalayman

Senior Member
fireboat1 said:
Something to think about.First,as said already,your employer have anything to do with a robber coming in.Who's at fault.The robber.Can you get anything from the the robber,doubtful. All that aside.Sure,you can file a w/c claim.Perhaps see a shrink who will take you out of work.Give you some meds and counciling.How long will you be out of work.Thats up to the shrink.But lets say its months.Realize you will lose income,also and more importantly.Your employer dont have to hold your job open.So you can lose money and your job. In addition,your w/c claim can bite you on your a**.Down the road you may want another job,should they review your claim in one way or another,you may not get the job.You may become mentally unstable according to your shrinks DX.You mention "greedy"if you are having difficulty because of the incident then by all means get help,but for the reasons I mentioned,dont carry it out unnessarily.There wont be any payoff's for stress or the like that would justify the hassle you would cause yourself.Unless an ailment can be diognosed with certainty and leaves you with a degree of permanent disability theres no monetary compensation.
Actually if the robber was apprehended the OP could concievably recover damages from them (if there is any available to take). Chances are there is no money in this direction though.

The PTSD I speak of is a very real situation. It is not something that one can simply ignore. While in treatment for such, it is very possible for the OP to not miss work (as long as they are capable of continuing work) at all. Some people have such a strong reaction to situations such as this that they cannot return to even the same type of work, let alone the same place.

So seeking treatment for this would be the same as getting a broken arm treated. It is something the patient has no true control over and requires medical assistance to be cured. The monetary returns would be the same. Unless the employer did something to cause or allow the incident to happen, all they would be responsible for would be the medical costs.
 

mlane58

Senior Member
fireboat1 said:
Realize you will lose income,also and more importantly.Your employer dont have to hold your job open.So you can lose money and your job. In addition,your w/c claim can bite you on your a**.
The OP will lose 1/3 of the income and if they qualify for FMLA, a physician could diagnose it as a serious health condition. But trying to get something out of a thief - no blood in that stone.
 

weenor

Senior Member
Just to clarify for all. The workers' compensation in every state is set as "no fault". If an employee is injured due to her own stupidity the employer pays and if the employer cause the injury, the employer still pays and cannot be sued outside of the system. In California, unlike many states, mental injuries without an accompanying physical injury are compensable. The question becomes whether the act of a third party, the robber in this case, would cause the injury to be outside of the scope of her employment. I haven't checked CA case law, but I have a feeling that she would be considered injured in the course and scope of her employment. Now if this is considered a work injury OP would be entitled to reasonable and necessary medical treatment and compensation for any work lost during the treatment period. Down the road she may be eligible for compensation to the extent she would be deemed unable to work by a medical professional. That's it ...no pain and suffering- nothing else.
 

FarmerJ

Senior Member
BIG question when you were working did the store have a policy that dictated how money drops were done as part of loss prevention and risk reduction. AND if it was head cashier/ manager ( any one but you ) who regularly monitered your incoming actual cash volume and handled those drops for the cashiers WAS the policy followed ?
 
E

eme76

Guest
brian_b said:
What is the name of your state?

California

Hi All,

I am a cashier at a major retail store, and was held up at gunpoint on Thursday evening. I was wondering if I am at all eligible for compensation from my company for having had my life put at risk while representing them.

The past two days I have woken up completely dizzy and have random dizzy spells throughout the day, this has never happened to me before the incident.

Do you think this is greedy? I don't want a lot, but I think it is very reasonable that I should receive some sort of restitution for what I went through.


just some thing to think about...my great aunt was held up and shot while working at a "quickie mart" type store...she was 73 yrs young and it was the 3rd time she had been held up
she went to work 9days later she wouldnt quit until the store closed 4yrs later
i dont want to discount your feelings here and i know PTSD is a very real thing however you might try getting some councling or getting a new job if you think your life is in danger instead of looking for a pay-day off the whole thing....and yes it sounds greedy
 

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