Workers’ Comp is meant to cover all kinds of work-related injuries and other on-the-job injuries. Claiming compensation for a shooting often requires help from a lawyer, and can be a tricky case.
As long as you were working and performing job tasks when you were shot, you should be able to claim Workers’ Comp for your injuries. This is also true of other types of workplace violence. While some jobs – such as being a police officer – have a risk of gunshot injuries, a shooting would be incredibly rare at other jobs. Even so, your employer should cover you.
For a free review of your potential case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today.
What Counts as “On the Job” While Claiming Workers’ Comp for Shooting Injuries?
While some jobs – like police officer – have a clear risk of getting shot in the job description, others do not. However, workplace violence and mass shootings can happen in many scary and surprising ways, meaning that the type of job you work in should not be a controlling factor in whether the shooting is covered or not.
Instead, like any injuries, shooting injuries would be covered if they are “work-related.”
Requirement
Workers’ Comp covers injuries that are either caused by dangerous work conditions (e.g., a slippery floor) or that occur while performing work tasks. In shooting cases, the conditions are not typically at issue, but rather whether you were actually working when you got shot.
Examples
If your job involves work at a shooting range, firearms instruction, law enforcement, security, or other jobs, then there are plenty of job tasks that might foreseeably end with a gunshot wound. Many of these might even involve an accidental discharge.
In other jobs, as long as the shooting happened while you were performing work tasks, it should be covered. This could include being shot…
- While working at a drive-through or cash register
- While working at a bank
- While working somewhere where a mass shooting takes place (school, movie theater, etc.).
Identity of Shooter Not at Issue
It typically does not matter who did the shooting. Your employer is required to cover injuries because they were work-related, meaning it doesn’t matter if it was a coworker, a customer, or a random stranger who shot you; the injury happened at work, so your employer pays for it.
It also doesn’t make a difference if the shooting was intentional or accidental; Workers’ Comp should cover both. You can even be compensated if you accidentally shot yourself, so long as it was truly an accident.
When Shootings Are Not Covered Through Pennsylvania Workers’ Comp
Unfortunately, there are situations where even massive injuries like a gunshot wound might not be considered “work-related.” You may still have other grounds to sue for your injuries that our Pennsylvania personal injury lawyers can help with, but a Workers’ Comp case might not be available if your employer’s arguments against coverage are successful.
Horseplay and Misconduct
If you were shot while you and others were doing something unrelated to your job, something that could be considered “horseplay,” or something in direct violation of your employer’s instructions, then it might not be covered, even if it happened at work.
For example, if someone brought their new gun to work and you all went outside to check it out and you got hurt in an accidental discharge, it might not be “work-related.”
Shootings While Off Duty
If you were shot while you were on the way to or from work or while on a break, it might not qualify as “work-related.” However, if your employer was responsible for dangerous conditions on the premises (e.g., negligent security, poor lighting), then you might be able to sue them for the off-duty injuries.
This could include something like a disgruntled employee waiting until you leave work to attack you, or an assailant robbing you at gunpoint while you are on your way to your car.
Intentional and Illegal Conduct
If you were doing something illegal or you intentionally shot yourself, it would not be covered. Examples of this are rare because they are often based on a worker’s unreasonable, dangerous conduct or misunderstandings of the law.
For example, trying to deter a would-be shoplifter by pulling a gun on them when your safety was not being threatened would be illegal. If you shot yourself by accident while doing that, it might not be covered.
FAQs for Workers’ Comp Claims for Shootings in Pennsylvania
Are Other Acts of Workplace Violence Covered Under Workers’ Comp in Pennsylvania?
Other instances of workplace violence, such as someone punching or shoving you, can also get you Workers’ Comp under the same rules.
Can You Sue for Workplace Shootings?
You cannot usually sue your employer for work-related injuries, but you can sue the person who shot you. This is separate from any Workers’ Comp case or any criminal case that might also come about.
What if My Employer Shoots Me?
If your employer was the one to injure you intentionally, you might be able to file a Workers’ Comp claim, but you may also be able to sue them directly. You typically cannot sue your employer for work-related injuries, but you can if they intentionally injured you.
Are On-the-Job Shootings Covered for All Workers?
While some jobs involve handling firearms – e.g., working at a gun shop, working security – other jobs have no inherent connection to guns. However, there is always an unfortunate chance of disgruntled employees, angry customers, and random mass violence leading to shootings at work.
Because of this, there is no restriction based on the job or field you work in, except for jobs that are never covered under the Workers’ Comp Act (independent contractors, realtors, federal workers, etc.).
Should I Report the Shooting to the Police?
Yes. Always report assaults or shootings at work to the police right away. Even if the gun went off accidentally, it needs to be properly reported and investigated.
Even if you do not report it, the hospital will have to report the gunshot wound when you get medical care.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For a free case evaluation, call Cardamone Law’s Philadelphia Workers’ Comp attorneys at (267) 651-7945 right away.
