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November 19th, 2013

Pennsylvania Workers’ Compensation Benefits – Assaults/Robberies at Work

Navigating workers' compensation in Philadelphia

Like most major cities, Philadelphia suffers from high crime rates. Assaults, fights, robberies, etc., can occur on the streets and at work. Whether it’s a clerk/cashier at a Philadelphia convenience store who gets robbed or a construction worker who gets into a fight with another worker, getting compensation for medical bills and time lost from work is crucial.

Many workers simply cannot afford to go without paychecks. Therefore, workers who are injured in fights, assaults, or due to other criminal activities such as a robbery, should speak to a workers’ compensation and accident lawyer to discuss full compensation for injuries and time lost from work.

Clerk at Convenience Store Robbed in Northeast Philadelphia

Earlier this month, a convenience store clerk was assaulted when two masked men came into the store in the early morning hours of a Friday morning. One of the robbers struck the clerk on the back of the head with a gun. They took off with cigarettes and cash from the register. So far, no arrests have been made. Source: http://abclocal.go.com, “Clerk assaulted in 7-Eleven robbery in Northeast Philadelphia” (November 7, 2013)

The clerk in this recent robbery was not seriously injured; he is expected to make a full recovery. However, many workers in Philadelphia are not so lucky. In fact, a few months ago, a pharmacy manager was killed in a robbery of a drug store, just outside of Philadelphia.

PA Workers’ Compensation Benefits in Assault & Robbery Type Situations

If a convenience store clerk or cashier is robbed and suffered serious injuries, would the injuries and losses be covered by workers’ compensation?

Related: Pennsylvania Workers’ Compensation – Do You Qualify for Workers’ Compensation Benefits?

Assuming proper workers’ compensation procedures are followed, a clerk at a convenience store, gas station, etc., would probably be eligible to make a workers’ compensation claim for medical bills and time lost from work due to injury-related disability. However, in some situations, an injured worker who is assaulted outside of the course and scope of employment would be ineligible to make a workers’ compensation claim.

For instance, if a clerk is assaulted by a jilted boyfriend or girlfriend who comes to the place of work, then the assault will probably be considered to be of a personal nature and therefore outside the course and scope of employment. If you have questions about your eligibility for workers’ compensation benefits in Pennsylvania, it is critical that you speak to a workers’ compensation and accident lawyer immediately.

PA Workers Compensation – Medical Bills

So long as a work-related injury is reported to the employer within the required time frame, a clerk or cashier may be able to obtain medical treatment through the employer’s workers’ compensation insurance company. Reasonable and necessary medical treatment may include emergency room visits, diagnostic tests, follow-up visits with a medical doctor and/or therapy. There are is no co-pay or co-insurance due for medical bills paid by workers’ compensation.

PA Workers Compensation – Lost Wages

The Pennsylvania workers’ compensation scheme is not designed to provide 100% compensation to a worker who is disabled from working. Rather, according to statutory schedules, workers who sustain work-related injuries may obtain a percentage of the lost wages, usually between 66% and 90%. The exact percentage depends on the worker’s average weekly wage. The lower the worker’s average weekly wage, the more he or she receives. The higher the worker’s average weekly wage, the less the worker receives. Click here to see the 2013 average weekly wage schedule.

Related work accident and injury articles:

Philadelphia Workers’ Compensation & Accident Lawyers. FREE Consultations.

The Philadelphia law firm of Laffey Bucci D’Andrea Reich & Ryan 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. Call (215) 399-9255.

Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.