Legal Question in Employment Law in Pennsylvania
I have worked as a delivery driver for a corporate pizza chain which delivers to a suburban/urban area. In March of this year, I was assaulted on a delivery by a group of five men. I received injuries but none very severe. Then this past Saturday, 12/11/10, my store was robbed by two gunmen who had myself and two fellow coworkers lined up execution-style on the floor. They made off with my car, which was recovered minutes later. I am now experiencing enormous amounts of anxiety, and as I fear the hoist was an "inside job", I simply cannot bring myself to go into work. I took a vacation over Thanksgiving which seemed to help me move past my March attack. This armed robbery has completely erased the piece of mind I'd found. I'm not sure what to do as they expect me back at work tomorrow, but I feel physically ill even thinking about going in. I'd appreciate any advice you can offer ASAP, as I have literally no money left to my name, and am on the verge of simply not going in, but thusly losing my ability to collect unemployment compensation. Do I have any recourse against the company, or even a way to go out on workmen's comp. due to the extreme nature and relatively close time span between these attacks? Please help!
1 Answer from Attorneys
If a mental health professional certifies that you are unable to return to your current employment, you would be eligible for UC benefits provided that you obtained clearance to do other work. You must provide these restricitons to your employer and give them the opportunity to offer alternative work ocnsistent with the clearance. If your employer does not have such work available, you the qualify for UC. Thes benefits would be the benefits I would expect you to obtain the quickest.
You also have a ptoential WC claim. You will have to prove that your involvment in these robberies was an "abnormal work circumstance ." These claims are difficult, always contested, and take a long time to resolve. Believe it or not, I would anticpipate that your employer might argue that such circumstances are not abnormal and cite your prior incident as evidence of this. Mental health claims are rarely approved without litigation in the Pennsylvania system.
You should seek representaiton form a qualified UC./WC attorney at your earliest convnience.
You should also explore beneifts that you might have pursuant to an employer provided disability policy and/or leave rights under the FAmily Medical Leave Act.
Your situation is delicate and nuanced. You really neede the help of an attorney. I encourage you to seek a consultation with an atotreny at yoru earliest convenience. Please feel free to call me at 610-584-9400 to discuss your matter further. I handle such claims in your jurisdiction. If you would rather deal with an attorney closer to your home, I can refer you to qualified lawyers in your area.
This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.
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