If you are injured in a car accident where the other driver was texting while driving, then you have suffered a personal injury. The definition of a personal injury is essentially: you were harmed due to someone else’s negligence. In this case of our texting car accident, the fault is easy to prove, as the other driver should not have been texting. They have a duty to obey the law and keep others around them safe. While this is a clear-cut example, not every case follows this simple outline, as a personal injury lawyer can share. For example, if you are working while a robbery occurs, and you are injured during that robbery, who is at fault? Is it your job for not protecting you? Is it the robber for causing you harm? The answer is: it depends.
Workers’ Compensation
If you are injured on the job, it will usually be covered by workers’ compensation. This is an insurance program your employer should be part of that is in place to cover accidents, to ensure that you are covered should something happen. For example, if a heavy box falls on you at work and you break your arm, workers’ compensation will cover your hospital bills, missed income, and disability benefits. However, workers’ compensation does not cover pain and suffering. If you are working during a robbery, you may have PTSD afterwards which affects your daily life. And, if workers’ compensation applies, you are generally unable to sue your employer for additional damages such as pain and suffering. However, it is still possible to hold other parties accountable.
Third-Party Liability
Although you may not sue your direct employer, there are others who may not have kept you safe. For example, property owners may not have provided adequate security. Some companies rent their office locations. In this case, it is possible to hold the property owner liable. If requests were made for more secure measures or the property owner was careless, such as leaving a door unlocked, they can be held liable for pain and suffering damages.
Another party could be a security company. If your job has alarms but they were not working at the time, or the security company failed to respond in a timely manner, then they may be held liable for pain and suffering. Keep in mind, this specific example is for private security companies and not the police themselves.
Yet another party that could be held liable is a product manufacturer. For example, perhaps your security company did everything right, but they were provided a faulty alarm that did not go off. It is not their fault that the product they were given was created incorrectly; it is the manufacturer’s issue. As our friends at Cohen & Cohen can share, multiple parties can be held liable for your injuries. Another example could be that a door did not lock properly because the company that manufactured it did so incorrectly. They can be held liable. This is why working with an attorney is vital, as they can determine where fault lies.
After A Robbery
Being involved in a robbery is a terrifying experience that you should never have to be part of. However, if this does happen and you are injured, report your injury to your employer to start the workers’ compensation process, document all details of the incident, and reach out to an attorney near you for help.