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I have been attempted gun robbery Missouri

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  • I have been attempted gun robbery Missouri

    Hello folks

    last month i have been gun robbed at (deleted) service station late night and doing staking and left cage door open when i went in, for few secnd to check on computer and robber attacked ... anyway

    I have bullet fraction in my arms as will.

    store owner he scared and i haven't been at work since then.

    basically i have to go to dr to take fraction out of my arm, i don't know who of you guys experienced this tragedy. but i am almost going to be crazy, panic and scared. anyway

    can I sue that owner ? because the store entrance doors do not have door electric locks so with push bottom it opens

    thank you guys
    Last edited by Betty3; 09-02-2012, 10:18 PM. Reason: remove name of employer

  • #2
    Was this reported as a workers comp injury?
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Originally posted by Betty3 View Post
      Was this reported as a workers comp injury?
      reported to who? police report? yea if you mean by police report gun robbery at work place cs gas station .... its obvious in report it says where it happen, who was injured and robbed

      Comment


      • #4
        Was it reported to your workers compensation carrier?

        No, you cannot sue the owner because he does not have the kind of doors you think he should have.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Coverage under WC is iffy but worth filing the claim if you have not already done so. You can not sue your employer because some robber shot you at work. How are they liable for the acts of a criminal?
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Mostly agreed with the other answers. If you are asking if you had a million dollar attorney in your pocket who had nothing better to do then work on your case full time for the next few years and she looked at every single case remotely releated to yours could she maybe possibly put together a case that if you got the right judge and the planets were all in allignment and you did not mind get reversed on appeal, sure, why not? But unless there is an actual law requiring the type of protective equipment you are talking about in your state, this is the longest of long shots. There almost certainly is a large majority of related cases going in the other direction. The other side's case is much easier to defend then yours would be to win. You would have a much better chance of a civil case against the person who shot you.

            Second answer. Somewhere out there is a no-name attorney who would send your employer a scary letter for $500. They probably advertise on the public access cable channel and got their degree mail order. There is no possibility that this attorney will actually research your case or go to court with it, but they will send scary letters to pretty much anyone about pretty much anything for $500 and a piece of any possible action. The chance of any one letter working is very small, because smart employers who get these letters know they are worthless. But it is like the people who stick their fingers in every pay phone coin slot they go by. Do it enough times, they get a quarter. And the no-name attorney will get your $500 up front money either way. And in the very off chance you get a settlement, they will get some of that as well.
            Last edited by DAW; 09-03-2012, 07:34 AM.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              I have a reference on WC that says to report any injury (ie being shot) during a robbery/attempted robbery at work as a WC claim. That's why I said that - it probably wouldn't hurt to do so.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Agreed. ......
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment


                • #9
                  I agree with you too, DAW. I was just saying why I said that re WC -- that is could be a WC injury & should be reported per my information.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    From an HR standpoint, everything that even remotely could be considered workers comp should be reported. Far, far better for all concerned that the workers comp carrier make the decision as to whether it qualifies or not. If the answer is yes, it qualifies, then it obviously has to be reported anyway. And if the answer is no, it doesn't qualify, at least the employer has made the effort. (And from a strictly HR standpoint, better that the workers comp carrier be the bad guy and say, No, than that they do.)
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                    • #11
                      Again agreed. It always make sense for the employer to contact the WC carrier and make it their call. And it always makes sense for the employee to try that approach should the employer fail to.

                      In the 1980s I was working for a manufacturing company. We had an employee (call him Bob) who had been a machinist working for us since the 1950s. In the 1980s Bob fell very sick with lung cancer. He later died of that. He and later his estate claimed that he got the cancer from working in our machine shop breathing in a whole lot of junk. Quite possible. There were no OSHA rules in the 1950s. On the other hand, he was a 2-3 pack a day smoker his whole life. Also quite possible. As soon as "the job made me sick" claim was made, we immeadiaely notified the WC carrier, who approved the claim. The employer was later out $90K to WC for the claim. HOWEVER in CA this legally limited the ability of the employer to also sue us. Especially when we could show that we had a ton of successful federal and state OSHA audits that all said we were complying with whatever the industry standard was at the time. Meaning no negligence claim possible, and WC under CA closed off the possibility of non-neglifence claims. Bob's estate (and a whole bunch of lawyers) then turned around and sued basically the entire U.S. chemical industry. Who in turned filed discovery againt my employer for pretty much every piece of paper we had going back to the 1940s. I was diposed on things that happened before I was born. We had 2 full time temps photocopying documents for 18 months. I had at least one meeting a week for that time on this issue. Eventually they got tired of us and I never found out what happened with the case. Possibly still in discovery.

                      Morales:
                      - Always report all possible injuries if you are the employer. The only people whose opinIon matters are this is the WC carrier. However bad you think reporting unnecessarily to the WC carrier, not reporting can get MUCH worse.
                      - Documents are not your friend. Smart employers destroy all documents the instant they are no longer legally required to keep them.
                      - It is very rare for any employee to the first person in the history of the world to have a specific greviance. Sometimes that law is very obvious, as in an actual law that spells stuff out. More often you have a bunch of prior court cases where some poor judge had forced round pegs into square holes. And the later decisions just cited the first decision. Posters are much more likely to get a good answer here to the first situation then the second one. Answers that require an unpaid voluteer on this website to run up thousands of dollars of Nexus-Lexus research fees to give the answer can be considered unlikely to occur.
                      Last edited by DAW; 09-03-2012, 06:38 PM.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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                      • #12
                        DAW's story reminded me of one from my first benefits job. My employer was the third party administrator for the health, welfare and pension benefits of a number of construction unions. A member of one of our unions was suing his employer for much the same reason that DAW's Bob did, though our member never took it to the same extremes. We got a request from the plaintiff's side attorney for certain pieces of information from the employee's file, that the attorney was certain would prove their case. We sent the information along. About three days later, we got a request from the defense attorney looking for exactly the same information, that they were certain would prove their case. Once again, we sent it along.

                        If I ever learned what the final disposition was, I've forgotten.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          Originally posted by Betty3 View Post
                          I have a reference on WC that says to report any injury (ie being shot) during a robbery/attempted robbery at work as a WC claim. That's why I said that - it probably wouldn't hurt to do so.
                          And beside wc what is other options?

                          I am taking it so seriously I am almost got killed, and now owner is ignoring not answering he phone and reply txt back.

                          So it's a business fine I take it as a business ....

                          But anyway what is other options?

                          Comment


                          • #14
                            What options are you looking for? The legal system does not provide an answer to every wrong.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              If you have any other option it would be the sue the robber.

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