Family of New Yorker Trampled at Wal-Mart Sues Retailer
East News • December 4, 2008
The family of a New York man killed in a stampede of frenzied holiday shoppers has filed a wrongful death lawsuit against Wal-Mart Stores Inc. seeking unspecified damages.
Shoppers on New York's ...
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Subject: Work Comp may bar PI suit? Nope.
Posted On: December 4, 2008, 1:44 pm CST
Posted By: Tom3
Comment:
Independent contractors don't always have Work Comp, so sole remedy may not apply.
If this guy worked for a security company, it would be their work comp on the line. But not Wal-Mart's. But if he's a self-employed independent contractor, he doesn't even need work comp in many states.
And when there's no Work Comp, there's no sole remedy. His family could sue.
Since Wal-Mart is not the employer, they could be sued, not only by the victim's estate but also by subrogation from any insurance the victim did have.
Subject: Work Comp may bar PI suit? Nope.
If this guy worked for a security company, it would be their work comp on the line. But not Wal-Mart's. But if he's a self-employed independent contractor, he doesn't even need work comp in many states.
And when there's no Work Comp, there's no sole remedy. His family could sue.
Since Wal-Mart is not the employer, they could be sued, not only by the victim's estate but also by subrogation from any insurance the victim did have.