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Assaulted at work. What do I need to know?
Grizzly_Addams
Registered User, ClubPA regular
Registered User, ClubPA regular
I've worked for a nationwide retailer for 5 years. I am employed in NY state. I am on good terms with management team (which I'm a small part of) and all the employees. My job was easy(ish), and sometimes even fun. I have little complaint that goes beyond corporate hullabaloo. My official status is part-time.
On the morning of January 14th, 2010, I was working my 8.5 hour shift, the first 4 hours of which I am the only staff in the store.
During this time an armed man came in the store to rob the place, and to ensure my cooperation he tightened a large plastic zip tie around my neck and suffocated me while I emptied the cash registers. Lucky for me, he painfully released the zip tie with a broken pair of scissors from the stores counter before he fled.
I sustained no lasting injuries, except severe tissue damage, which will definately heal in time. I am however very unnerved, to say the least.
I will not be returning to my position in the very near future, and am uncertain if I will return at all. However, in order to protect my families health and happiness, I need to know all my rights regarding workers compensation, or SSD. I have spoken with my district manager, and he had no details for me, or even how the corporation will classify this incident, possibly stifling my eligibility for such benefits.
I also wish to know what actions I should take on my own behalf to ensure I am protecting my rights, instead of waiting around for the corporation to take action.
I visited the NYSDOL website, but almost all links regarding specific laws are inaccessible.
The store also has no panic button. There is an alarm pad in plain view of the entire store and the only wait to activate any panic mode is to key in your alarm code backwards.
I am also wondering if there are any laws regarding safety practices in retail for companies with 10,000+ employees, operating in NY.
On the morning of January 14th, 2010, I was working my 8.5 hour shift, the first 4 hours of which I am the only staff in the store.
During this time an armed man came in the store to rob the place, and to ensure my cooperation he tightened a large plastic zip tie around my neck and suffocated me while I emptied the cash registers. Lucky for me, he painfully released the zip tie with a broken pair of scissors from the stores counter before he fled.
I sustained no lasting injuries, except severe tissue damage, which will definately heal in time. I am however very unnerved, to say the least.
I will not be returning to my position in the very near future, and am uncertain if I will return at all. However, in order to protect my families health and happiness, I need to know all my rights regarding workers compensation, or SSD. I have spoken with my district manager, and he had no details for me, or even how the corporation will classify this incident, possibly stifling my eligibility for such benefits.
I also wish to know what actions I should take on my own behalf to ensure I am protecting my rights, instead of waiting around for the corporation to take action.
I visited the NYSDOL website, but almost all links regarding specific laws are inaccessible.
The store also has no panic button. There is an alarm pad in plain view of the entire store and the only wait to activate any panic mode is to key in your alarm code backwards.
I am also wondering if there are any laws regarding safety practices in retail for companies with 10,000+ employees, operating in NY.
Grizzly_Addams on
0
Posts
I live paycheck to paycheck, and have absolutely no funds available to me for securing legal representation. Not only that, but my mother-in-law is currently dealing with an SSD claim, and by the time it was determined she was entitled to about 20k in benefits (retro and otherwise) it was all taken by the lawyers. And she still owes them more.
If you can't find actual lawyers to help you, maybe hit up some law schools? They might be willing to take a look at your situation as a matter of practice.
Human resources is there to protect the company and the companies interests above the interest of the employee. I'd start here: http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32374#7
That should get you some resources (PTSD and such). Then I'd call a lawyer or three at least. Many will offer free consultation to advise whether they believe you have a case to be made.
As far as the lawyer thing, I've got no idea. That thing about your mother-in-law sounds pretty terrible.
Basically it boils down to:
-Head to a workers comp board-approved medical facility and get fixed up.
-Fill out a claim form and send it in.
-Go back to work.
Since the injury occurred during work hours you should be covered. As long as they don't dispute the claim then your medical costs and lost-time should be reimbursed.
As far as the issue of having a panic button and that sort of thing, while it sucks, I really doubt you're going to get anywhere. There don't appear to be any laws regarding that sort of thing, so basically as long as the injury itself doesn't cause any permanent damage you are probably going to have to let it go.
Police report was filed. Considering the incident in particular, I was actually taken to a local hospital via ambulance from the scene. I followed up with the detective who met me at the hospital. The police are as involved as they possibly can be.
I will not be returning to work for the time being. I don't feel like being strangled again.
There should be a HQ hotline for HR issues that you can get info from.
My ex roommate was robbed at gunpoint while working at Blockbuster and I believe he had the option to transfer to a different store.
I wouldn't jump to this decision unless you're prepared to be fired.
However, the company was really awesome about it. They gave him his normal wage since he was a fulltime employee for a couple of months without working and completely understood that when it was time to decide to come back or not, he got the fuck out.
I would say that was a very rare exception.
OP needs to talk to HR right away. They're not your friends, but you'll find out what the company's stance is, so you can go from there.
Was there video of the incident? May request it now, before it gets written over 'accidentally'. Other than talking to the police, which you did, there's not a lot else. Be aware deciding not to go back to work may be grounds for being term'd; I hope you didn't tell your boss yet?
My boss knows that I am in shock and undecided about quitting. (However I am totally quitting, already applied for jobs)
Spoke with the workers comp firm. She was a claim rep and they took my info for the claim. Everyone I have spoken to is shocked with the... uniqueness of the incident.
I too worked alone most of my shift, and I was required to open and close alone. When I closed I was required to take the deposit to the bank, alone, at night. When I mentioned that I felt unsafe I was told "This is a PLAZA, no one will rob you here." I pointed out that I am a 5'4'' female and if someone bumped me back inside the gate and shut it, no one would ever know. I was pretty much told I was being stupid. No cameras, no panic buttons, and the alarm pad was on the other side of the cash wrap situated half way behind a tv, and high enough that I had to stand tip toe to reach it.
I think there could be a way that you could maybe sue the store for unsafe practices, being that it's prevalent everywhere they are. I am not sure how they get away with what they do, and for as long as they have. I'm glad you made it through as it could have come out worse than it did.
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