Crime is everywhere, and as a truck driver, you are exposed to it in a way that many other types of people are not as they go about their daily work. So what happens if you are a victim of a crime while working?
The surprising answer to this is that not all crime victims are allowed to receive worker’s compensation benefits when they are injured as a result of being a victim of a crime. And because there is some potential that the insurance company can get away with denying your claim all together, there is a reasonable chance that they will try to do just that.
The key thing that the courts look to in deciding whether a crime victim can get worker’s compensation benefits is whether the activity the injured worker was engaged in at the time of the accident exposed him to the criminal activity and was providing some benefit to the employer.
If you are driving a load and get robbed because someone wants what is in the trailer – probably covered.
Get mugged in a parking lot while going from a restaurant to a motel – probably not.
The line between what is a covered incident and what is not is a murky one, which is why you need good legal help if you are a victim of a crime while on the job and want to get worker’s compensation benefits.
One other point: we don’t talk much about “emotional distress” on the context of worker’s compensation claims, but you can seek compensation for emotional distress. They are always difficult claims, but this is one place where it is a bit more credible claim. Our office once helped get a substantial settlement for a woman who was a cashier at Wendy’s who suffered post-traumatic stress disorder after being held up at gunpoint. There are more than just physical injuries for crime victims ….
If you have a current worker’s compensation issue which you need help on, please feel free to reach out to our office by calling us at 312-263-1080 to discuss your issues and what options you have. There is no obligation to hire our law firm, and there is no charge for the call.
I hope this has been helpful, and if you know anyone who can benefit from this kind of information, please feel free to share this.
We are here to help truck drivers after an on-the-job accident. Knowledge is power, and the first step in protecting your rights is to know what they are.