Do Workplace Shooting Victims Receive Workers’ Compensation?

shooting victims

Gun violence is a growing public concern in the USA as mass shooting incidents occur frequently. In the first half of 2022 alone, reports show over 300 mass shooting incidents in the USA.

You thus probably worry about your safety when going to work each day as you might become a victim of workplace gun violence. You may also wonder if you can claim workers’ compensation for sustaining injuries and emotional trauma after a shooting incident.

Fortunately, the law allows workplace shooting victims to claim benefits. However, you must know a few crucial points about this complex case for a successful claim.

Read on to know your options after surviving a workplace shooting incident.

Workers’ Compensation and Workplace Gun Violence

shooting victims

You may generally claim workers’ comp after sustaining injuries in the workplace or while performing work-related duties. However, injuries from a shooting incident would be more complicated than a regular benefits claim because of a few vital considerations like:

  • Who the shooter is
  • Why the shooting started

You may claim benefits if the shooting incident has resulted from workplace factors like:

  • An irritated customer suddenly shot you
  • An angry coworker shot a few employees in the workplace
  • A stranger came into your workplace and executed a mass shooting

However, you can’t claim this compensation if the shooting incident resulted from personal issues. If this is your situation, you may have to proceed with a personal injury lawsuit.

An example is when your abusive intimate partner shot you at your workplace. Another example is you starting a violent altercation, and a coworker shot you in self-defense.

Benefits Workplace Shooting Victims Must Receive

medical bills

The compensation entitles you to receive four types of benefits, including:

  • Medical expenses
  • Lost wages
  • Permanent disability
  • Retraining for a new job placement

In addition, the benefits may also cover psychological treatments to help an employee recover from emotional distress. It’s helpful for workplace shooting victims as shooting incidents may also inflict severe trauma.

For example, you may sustain post-traumatic stress disorder (PTSD) if a robber points a gun at you, even without shooting you. You may also experience emotional distress if you see your coworkers getting fired, even if you were physically safe from the incident.

Filing a Personal Injury Claim After a Workplace Shooting Incident

compensation claim

A personal injury lawsuit may help you receive compensation from the shooter, which is separate from your workers’ comp. It’s also better to file a criminal case to incarcerate the shooter and prevent them from repeating their actions.

However, remember that you can also make your boss liable for your injuries in certain situations.

The law generally prevents employees from suing their employer while claiming workers’ comp. However, you may take action if your boss fails to keep your workplace safe which causes your injuries. Examples are:

  • Intentionally shooting you in the workplace
  • Not checking the background of applicants and hiring someone with criminal records
  • Failure to provide sufficient workplace security, despite high crime rates in your area

Consulting a Burbank workers’ compensation attorney helps you know if this option applies to your unique case.

Workers Compensation Lawyer in Burbank Can Help Claim Benefits for Shooting Injuries


Being caught in a workplace shooting incident is a traumatic experience, especially if you sustained injuries and emotional suffering. You may require intensive medical treatments and be unable to return to work.

You must thus claim compensation to help you recover from physical injuries and psychological trauma. Hiring a Burbank workers’ compensation attorney helps you select the best legal options to get your deserved benefits.

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