Q: As a delivery driver, I was robbed at gunpoint. Do I qualify for workmans comp?
I was robbed at gunpoint while on a delivery and now I'm horribly terrified and anxious to go back to work. I've also been having nightmares since it happened on Jan 27th. Now, especially since I have to testify soon, my anxiety has hit an all time high. My company told me initially to set up a therapy appointment but will not provide me with somewhere to go. They said that I have to just "call around" and see who takes WC insurance (I haven't been able to find one). I just received paperwork today from PA SWIF stating my claim was denied. Should I petition to have this reopened?
A: You need to contact an experienced attorney, especially one certified as a specialist in PA workers' compensation law (as both attorneys with my firm are). It is (unfortunately) common for these types of cases to be denied by the insurance carrier, and force litigation. We have handled cases like this in the past and would be happy to help you. Basically, if a doctor feels that you have suffered a mental injury from the incident (assuming there was no physical injury), we can win if we prove the incident was an "abnormal working condition." Feel free to contact my office, or another qualified attorney, but do not delay!
A: You may have a claim. This depends on whether you are able to obtain a medical opinion indicating that you suffered an injury and if there isn't a physical injury, you will also need to show that the totality of the facts constitute an abnormal working environment. Since your claim has been denied, your first step would be to contact a local workers' compensation attorney to assist you. These claims are complicated, and you are better off obtaining an attorney than trying to handle the matter alone.
Richard Alan Jaffe agrees with this answer
A:
I am sorry to hear about the traumatic event that you experienced while attempting to make a delivery in the course and scope of your employment.
If your Employer does not have a list of doctors with whom you must treat for a work-related injury, you are free to choose to treat with a physician and/or psychologist/psychiatrist of your own choosing. If it is determined that you are suffering from a disabling mental disorder; i.e. anxiety disorder, posttraumatic stress disorder etc. that is as a result of the assault/robbery with a deadly weapon, you may have a Claim for Workers Compensation Benefits arising out of your situation.
In order to prevail, you must show that your having an "objective reaction" to "an abnormal working condition" and in many cases the incident which you described would fall in such a category. Unfortunately, each case involving a mental disorder is very fact specific and therefore, you should contact an Attorney who is an Certified Specialist in Workers Compensation Law as quickly as possible to secure an initial consultation and discuss your rights and remedies. Most Attorneys will accept your case on a Contingent Fee Basis.
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