CVS worker in swanky NYC nabe beaten by knife-wielding maniac, then fired after filing for worker’s comp: lawsuit

CVS worker in swanky NYC nabe beaten by knife-wielding maniac, then fired after filing for worker’s comp: lawsuit

A CVS worker in swanky SoHo had her jaw shattered by a knife-wielding lunatic as she tried to help a security guard — then got canned when she asked for help paying her medical bills, according to a new lawsuit. 

Abigail Downey, 25, was working her usual night shift at the drug store in the trendy Manhattan neighborhood last fall when an erratic man began terrorizing shoppers and brutally pummeled her and a security guard she tried to help, court documents said.

The potentially deadly nut then whipped out a knife before arriving cops subdued him, she said.

Downey eventually filed a worker’s comp claim for her jaw injury, which left her unable to chew food, and within 24 hours, she was fired for “escalating workplace violence,” she told The Post.

Former CVS worker Abigail Downey says she was punched in the face intervening in a violent melee at her store, only to be fired for it. Stephen Yang for NY Post

“Rather than expressing concern for [Downey’s] injuries,” her manager “criticized her for leaving early” from work that night — about 30 minutes before the end of her shift, according to the plaintiff and her suit.

Downey told The Post, “I was shocked.

“It was like a 2-minute impromptu meeting in the office.”

The manager allegedly told Downey she was being given the boot because she had a personal taser in her bag. Downey did not pull out or use the taser during the assault, her suit said.

Her filing blasts the pharmacy chain for allegedly running an under-secured, unsafe store and throwing an injured employee straight to the curb. Getty Images

Her lawsuit said the claim was just an excuse to avoid paying for her injuries after she tried to help the poor security guard. 

“Defendants chose retaliation over accountability,” her lawsuit claimed, blasting the pharmacy chain for allegedly running an under-secured, unsafe store and throwing an injured employee straight to the curb.

Downey told The Post, “It’s a wider social problem.

“If you dare to try and intervene, dare try to help somebody, it can get turned around on you.”

“It seems to me that if you act with humanity in the front of your mind, you’re going to get punished for it,” Downey said. Stephen Yang for NY Post

She claimed that the Sixth Avenue store was notorious for chaos and thievery but that CVS only hired security for “protecting merchandise” and not for safety.

The lawsuit also blamed the unnamed security company for hiring an alleged useless guard, claiming his job was “protecting merchandise rather than providing reasonable protection for the safety and security of employees and customers confronted with foreseeable violent criminal acts.” 

Downey told The Post, “It was never about our safety here.

“Our shoplifters and assailants knew that. They’re like, ‘Oh I know you’re not allowed to touch me, you’re not allowed to follow me.’

“It was a free-for-all.”

“It’s a wider social problem — if you dare to try and intervene, dare try to help somebody, it can get turned around on you,” Downey said. Stephen Yang for NY Post

Her lawyer, Nicole Brenecki, added, “When a corporation is devoting more time and resources to protecting its deodorant inventory than preventing foreseeable assaults on its own employees and customers, something is fundamentally wrong with the company’s priorities.”

Downey has since gotten a new job with a competitor.

“I wouldn’t change the way that I acted — I would do the same thing again,” she said. “I can’t do it any differently.

“All of the onlookers who only looked, who did nothing, who didn’t even call the police, right? They’re fine. They kept their jobs. I’m not resentful of that,” Downey said. “[But] it seems to me that if you act with humanity in the front of your mind, you’re going to get punished for it.”

CVS declined to comment to The Post.

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