I was robbed at gunpoint and can't sleep. Do I have a case?
Not sure what it is about September, but we've received a call similar to this question three times in recent days. There is not a crystal clear answer, but most likely there is a case.
In an odd ruling, a Court in Illinois years ago said that one factor in deciding if this is a compensable case or not is whether or not you work in a dangerous location. In other words, if you work in a high crime neighborhood it would certainly be a case. If you work in a nice boutique in the Gold Coast it might not be a case. To prove this we often cite crime statistics or get a police officer to testify.
The reason for this (in our opinion it's silly) law is that you have to show something about your job led to the robbery occurring. Being in a high crime location could be one reason. Another reason could be that it's your job to handle money and you were the one robbed. On the other hand, if you work in a shoe store in a nice neighborhood and just see it happen then it's probably not a case.
Even if you are in a high crime area or have a gun pointed at your head, you still need to show an injury. Sometimes robbers will beat you up. Sometimes having a gun pointed at you or the bad experience itself will cause a psychological injury that requires counseling. If you get counseling or need medical treatment that will show the injury you sustained. Be warned though that all of your counseling records can be viewed by the insurance company and attorney for the employer.
Finally, two callers have asked if they could sue because no security was provided. Illinois employers do not have an obligation to provide security, but often do. They don't usually do this for the employees, they do it to protect their financial investment in the store, bank, etc.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
