What to do - Injured by Customer

[henryjb99]

I have been a pizza delivery driver for the past several months. This past Saturday, I was told to take a delivery that sounded suppicious. I had taken the call from the customer earlier that day where he gave us one phone number and an address (both new to the system). When we called the phone number back (per company policy) the number was for someone else in a completely different part of the city. A couple of hours later, the person calls back and gives a new number (a cell phone, also not in the system) and a new address (306 instead of 360, but same street). The manager informs the customer that he will be calling back to verify the phone number. He calls back, but the number is busy. Calls later, and gets ahold of the customer. When I go to deliver the pizza's (it is now 1:00 AM in a rather bad part of town), I drive down the road and notice that there are no lights on in the house, so I call the customer because there is no porch light. He again informs me that he is at 306, but gives a discription that doesn't fit the house (no american flag, and it is not across the street from a church). I call my manager and inform him that I am coming back because this doesn't feel right and that I feel I am in danger with this delivery. The manager (a substitute from another store while my mangager is on vacation) tells me to wait while he calls the customer. He calls me back, and tells me to go to the 360 address. I get there, and again there is no porch light, and the area has bad lighting. I tell my manager again that I will be coming back because I feel I am in danger. My manager tells me that I am to park the car and wait while he calls the customer (again on the cell phone number) and informs him that I am infront of their house and even informs the customer what type of car I am driving. You may have guessed it, but the guy came out and robbed me (punching me in the face, taking my money and wallet, stealing my car which was later recovered and threatening me). When I get back to the store, the manager tells me that the reason he told me I was to still make the delivery even though it didn't seem right, and left me feeling like I was in danger was that he was "weighing my risk vs. keeping the customer happy." I have been told by a friend of mine (a former sheriff) that I should press charges against that manager since I can no longer go out to make deliveries based on the emotional damage that this has caused to me and the fear that it now causes my wife. Do I actually have anything, or would this be a waste of time. I know that you are not giving legal advise, but just some opinions from other people would be helpful.

[aaron]

In most U.S. states, you would be limited in any civil recovery to workers' compensation benefits. Under narrow circumstances, you may be able to bring a personal injury claim in addition to workers comp, although that would not normally be possible for an injury caused by a co-employee's negligence. If the employer is not carrying proper workers' compensation insurance coverage, or if you are in a state which permits the employer or employee to opt out of workers' compensation coverage, there would be an additional window for a possible personal injury suit.

You should discuss your situation with a workers' compensation lawyer in your state, ideally one who also handles personal injury matters, to see what causes of action and workers' compensation benefits may be available to you.