Robbed at gunpoint and pistol whipped at work on the clock

[mobbdeep]

What is the name of your state? Texas

Good evening all,

I was robbed at gunpoint this evening at my workplace. I'm shaken, banged up, but happy to still be here. I was the only employee working the closing shift which happens to be a common thing (one employee working by themselves in the morning and night). Without going into detail, I had a gun put to my head during the robbery and was pistol whipped in the back of my head when I escaped out the back door.

Anyway, this is the 2nd time this has happened at this location where the first time it was before I began managing the location. The first one was an armed robbery where the employee was pistol whipped as well. During training, in our training module, we're advised there is a panic button at the register in case of a robbery. Out of all of our stores within the Authorized Retailer I work for, my store is the only one (that I'm aware of) that doesn't have one. After the first incident, it was brought up to the owners that we need one installed. Nothing was done. Now, this being the 2nd incident, I was also pistol whipped in the back of my head. However, no panic button in the store which I could've easily pressed as I was by the register at some point. Last month, it was discussed on a company call that all locations are supposed to have a panic button and when I exclaimed we didn't have one, they mentioned "we already let upper management know." I have this in writing in text receipts.

With that being said, based on conversation with the Police tonight, they said I can get a lawyer involved. Is this true and if so, how would I go about looking for one to handle this type of situation? If not, is this where workers compensation can be utilized as I was pistol whipped and have a lot of scrapes from trying to get away, all while on the clock? I fear to return back to work, especially by myself. All of this is documented, video surveillance is in my possession, etc.

Thanks!

 

[zddoodah]

based on conversation with the Police tonight, they said I can get a lawyer involved. Is this true and if so, how would I go about looking for one to handle this type of situation?

I don't know exactly what the cop meant by "get[ting] a lawyer involved." Get a lawyer involved to do what?

is this where workers compensation can be utilized as I was pistol whipped and have a lot of scrapes from trying to get away, all while on the clock?

Yes. You have a WC claim for any medical bills and lost wages. Discuss with your supervisor how to process the claim. Note that you don't need an attorney for this.

 

[adjusterjack]

With that being said, based on conversation with the Police tonight, they said I can get a lawyer involved. Is this true and if so, how would I go about looking for one to handle this type of situation? If not, is this where workers compensation can be utilized as I was pistol whipped and have a lot of scrapes from trying to get away, all while on the clock? I fear to return back to work, especially by myself. All of this is documented, video surveillance is in my possession, etc.

This is a WC claim. WC will cover any medical bills. Did you have any?

If you can't work due to injuries, there's a 7 day waiting period and then you get 66 2/3% of your wages for as long as the injury prevents you from working.

If you can't work due to Post Traumatic Stress Disorder (PTSD) you had better get treatment for it by a qualified therapist or psychiatrist or you won't see a nickel for it.

 

[mobbdeep]

@zddoodah I believe that was in reference to fact that there is supposed to be a panic button for us and after the first incident, there was never one installed despite it being in our training module and also bubbled up to Upper Management and now with this second incident, there was no panic button when I could have easily used it. I'm not entirely sure which is why I'm asking here.

@adjusterjack HR reached out to me today and said that I should see a Dr. because the legal team will take care of any medical bills and any additional treatment thereafter. I took today off and they were insisting I take Thursday off too but I can't afford to miss that day off. I would still want to get the WC process going so that it's all on paper and can take additional days off if needed without suffering from lost wages, correct? The last thing I want is for them to pull the rug from under me with nothing in writing.

 

[quincy]

@zddoodah I believe that was in reference to fact that there is supposed to be a panic button for us and after the first incident, there was never one installed despite it being in our training module and also bubbled up to Upper Management and now with this second incident, there was no panic button when I could have easily used it. I'm not entirely sure which is why I'm asking here.

@adjusterjack HR reached out to me today and said that I should see a Dr. because the legal team will take care of any medical bills and any additional treatment thereafter. I took today off and they were insisting I take Thursday off too but I can't afford to miss that day off. I would still want to get the WC process going so that it's all on paper and can take additional days off if needed without suffering from lost wages, correct? The last thing I want is for them to pull the rug from under me with nothing in writing.

Does your employer even have workers compensation insurance? It is not required of private employer’s in Texas.

If your employer does not have worker’s compensation, you should speak with an attorney in your area about suing your employer over your injuries, and discuss the lack of a panic button and possible employer negligence.

I hope you have a swift recovery.

 

[mobbdeep]

Does your employer even have workers compensation insurance? It is not required of private employer’s in Texas.

If your employer does not have worker’s compensation, you should speak with an attorney in your area about suing your employer over your injuries, and discuss the lack of a panic button and possible employer negligence.

I hope you have a swift recovery.

Appreciate the advice as always. As mentioned, I would want to get checked out and diagnosed with anything before talking to my employer about WC, correct? Also, am I okay to see a Dr. tomorrow?

 

[Zigner]

Appreciate the advice as always. As mentioned, I would want to get checked out and diagnosed with anything before talking to my employer about WC, correct? Also, am I okay to see a Dr. tomorrow?

I'm not in your state. My state is more worker-friendly than yours.
In my state, you would need to report this to the employer and, often, go to the appropriate doctor.

 

[mobbdeep]

I'm not in your state. My state is more worker-friendly than yours.
In my state, you would need to report this to the employer and, often, go to the appropriate doctor.

Thanks. I was reading that in Texas, I would have to go to a physician appointed to me by my company on behalf of their WC policy.

 

[cbg]

State law does vary on this. Many states do require that you go to the employer's choice of physician. I haven't had employees in Texas since 1998 so I don't recall TX law on this, but please be sure of what you're doing before you make any decisions or take any actions that can come back to bite you in the future. Work with your HR office on the WC; they will know what is required.

You have two separate issues here; the panic button and the WC claim. Please don't try to tie them together.

 

[adjusterjack]

Here is the Texas first report of employee work related injury.

Form TWCC-1 (texas.gov)

Print it out. Fill in as much information as you can. Make a photocopy for yourself and personally hand the original to whoever reached out to you from HR.

Do that today and then go to the company physician.

The following page from the Texas Dept of Ins explains the WC Benefits.

Form TWCC-1 (texas.gov)

You'll have a 7 day waiting period for wage benefits. See if you have any paid time off or medical leave because you won't get WC pay for the first 7 day period if you can't go back to work because of the injury.

 

[mobbdeep]

@cbg @adjusterjack Thank you for that information. I am working with HR and the legal team in regards to this case. They just asked for a statement and said they will file it right away with insurance for workers comp. I suppose I just wait now for them to appoint me to a company physician.

In regards to the panic button, should I just continue to push for it internally? I don't want to cause any bad blood within the company but it severely needs to be addressed.

 

[Zigner]

I would push for the panic button as much as you are comfortable.
Unfortunately, a panic button isn't necessarily going to prevent what happened to you from happening again.

 

[zddoodah]

I believe that was in reference to fact that there is supposed to be a panic button for us and after the first incident, there was never one installed despite it being in our training module and also bubbled up to Upper Management and now with this second incident, there was no panic button when I could have easily used it. I'm not entirely sure which is why I'm asking here.

That really doesn't explain the cop's comment, but I wouldn't expect the cop to know anything about WC law.

The only legal relevance I see in the lack of a panic button is if there might be an exception to WC exclusivity. WC is often referred to as a "bargain" between employees and employers. Employees get virtually automatic coverage for medical expenses and lost wages resulting from workplace injuries - even if an injury results from an employee's own negligence. In return, employers don't have to deal with personal injury lawsuits brought by employees. However, every state has exceptions to WC exclusivity. If an exception applies, then the employee can sue the employer. I can't speak to TX law on this subject, however. Feel free to consult with a local attorney who handles employment law matters. A consultation on something like this should be free, and any competent attorney should be able to tell you quickly if there is an exception to WC exclusivity in your situation.

 

[cbg]

How much you push on the issue of the panic button is really up to you.

I know it's not what you want to hear, but in all honesty, where we're talking a large corporation with multiple stores in multiple locations, if it was brought to Corporate's attention a month ago, that's not really all that long in terms of response time.

 

[adjusterjack]

I am working with HR and the legal team in regards to this case. They just asked for a statement and said they will file it right away with insurance for workers comp. I suppose I just wait now for them to appoint me to a company physician.

I still recommend submitting the form to HR and keeping a copy.

40 years in the corporate world taught me never to trust an employer's promises.

The decision, of course, is yours.