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Can a person file for a personal injury claim (due to negligence) after a workers compensation case has been completed?

I am an employee of a major restaurant chain. And as I was closing I was robbed and beaten till I knocked out. The restaurant has no security cameras, no security system, and not timer safe which left me vulnerable to an armed robery. I recently close my workers compensation case. And I wanted to know if I could open a personal case against the company for negligence. I live in California if that matters.

7 Answers

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  • 6 years ago

    There was no negligence so how are you going to prove a case of negligence against them? There is no requirement that they have video cameras on site or anywhere on the property. A security alarm would be installed "at their option", only if they could afford it and felt it necessary - at their option. There is no requirement that all businesses have security alarms either. What happened is very unfortunate but, there was no negligence on their part. You cannot get money out of them unless they directly caused you to be beaten. And, robbers may or may not have known that there were no cameras and no alarm. Robbers rob places "with" cameras and with alarms all the time. Those are not a deterrent.

    Source(s): Certified Paralegal, with 25+ years' experience.
  • 6 years ago

    You can try. You have already been paid for your lost wages and medical expenses. If those are your only damages and you are fully recovered, there may be very little left to claim.

    See a lawyer. If you cannot find one who will take the case on commission only, you probably don't have a case. You will have to prove they were negligent, or that you have some ongoing expenses or pain and suffering caused by the incident that they did not cover through workman's comp.

  • 6 years ago

    Nope, worker's comp is your recourse.

    Prior to the robbery were you completely unaware that there was no security system, no cameras, and a non-timer safe or were you aware but decided to work there anyway?

  • 6 years ago

    No. Workers comp is the only remedy against the employer. You can sue the person who attacked and injured you.

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  • 6 years ago

    in most states, worker's compensation is the only relief you can get. consult a local attorney to see if your state is one of these

  • Linda
    Lv 7
    6 years ago

    Call Jerry Brown opppsie

    he is busy getting illigals DLs

  • Anonymous
    6 years ago

    one guy actually got it right....you can sue the mugger for personel injury....here is how it works....your attorney gets a fee for getting you a settlement......you have to pay worker comp back for medical expenses...the attorney also gets a fee for recovering money for workers comp.....

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