A man shot repeatedly while sitting in a vehicle outside the convenience store where he worked. Now, the state high court in Pennsylvania has ruled that he is indeed eligible to receive workers’ compensation benefits for those injuries.
Judges with the Commonwealth Court ruled the injuries were indeed work-related, noting he was shot shortly after he was threatened by the relatives of a woman he just had arrested for stealing. The state court ruling upheld the finding of a workers’ compensation judge and the Workers’ Compensation Appeal Board. His employer had appealed to the top court in an attempt to try to deny payment for the incident, which happened in May 2008. A big part of the reason the store fought so hard against payment was likely because, as records show, the company didn’t have the required workers’ compensation coverage at the time of the incident. That meant payment for the injury was on the state’s uninsured employer guaranty fund.
The case, although out-of-state, highlights how we define covered injuries in the context of work-related violence. The Occupational Safety and Health Administration considers workplace violence to be any act or threat of physical violence, intimidation, harassment or other threatening disruptive behavior that happens at work. Approximately 2 million workers in America are victims of this every year. However, not all have an easy time securing workers’ compensation benefits. Continue reading