Can I be eligible for worker comp if I while at work I was robbed, held at gun point and thown to the ground?

UPDATED: May 9, 2012

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Can I be eligible for worker comp if I while at work I was robbed, held at gun point and thown to the ground?

I was assaulted. I didn’t get hurt but the robber thew me to the ground. I am now suffering from PTSD.

Asked on May 9, 2012 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you would most likely not be eligible for Worker's Compensation for this, unless your job was corrections officer, bank or armored car security guard, or a similar job where assault and robbery is a normal risk of work. That is because Worker's Compensation does not cover all injuries that occur during work time or at the work site; it is there for injuries that occur because of your employment--i.e. you are hurt "on the job." Classic examples include being injured by tools you're using, hurting your back from lifting supplies or inventory, being burned by chemicals at work, etc. However, for the vast majority of jobs, assault by third party criminals is not a normal risk or part of the job, and Worker's Compensation would not apply.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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