Is an Employee Injured During a Robbery Covered by Workers' Comp?
Yes. An employee hurt during a robbery or assault while working is generally covered by workers' comp on a no-fault basis, separate from any claim a guest might bring.
Why Workplace Violence Injuries Qualify as a Workers' Comp Claim
Workers' comp doesn't ask whose fault an injury was. It asks whether the injury happened while the employee was performing their job. A bartender struck during a late-night robbery or a cashier hurt during an armed altercation is covered the same way as someone hurt on a wet floor, because the injury arose out of their employment.
What OSHA Says About Robbery and Assault Risk in Restaurants
OSHA specifically identifies cash-handling employees, including late-night retail and food-service staff, as a higher-risk group for workplace violence, and recommends employers run prevention programs and risk assessments.
- Limiting cash on hand and using drop safes
- Improving lighting and visibility at entrances and registers
- Training staff on de-escalation and emergency response
These steps reduce injury risk and can support a stronger claims history over time.
How This Differs From a Customer's Injury Claim
If a guest is hurt during the same incident, that is typically a general liability matter, not workers' comp. Workers' comp exists specifically for your employees; the same violent event can trigger two entirely separate insurance responses depending on who was hurt.
Could the Employee Still Sue the Restaurant?
In most cases, no, because workers' comp is the employee's exclusive remedy for a workplace injury. There are narrow exceptions, such as claims of gross negligence in security failures, covered in When Can an Employee Sue You Despite Workers' Comp? Exceptions to Exclusive Remedy. Baseline coverage details are in our Workers' Compensation Insurance guide.
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