Most Lawyers Are Dumber Than You Think

http://www.buffalonews.com/nationalworld/state/story/512943.html

Last time I checked, workers' compensation was the exclusive remedy for employees injured or killed in the course of employment in New York State. This little fact has gone unmentioned by the media's legal pundits since a Wal-Mart employee was trampled to death On Black Friday while manning the doors of a Wal-Mart outside of New York City. The media has been dying for the decedent's family to sue and now the family has filed . But the lawsuit must be thrown out! The family's only recourse against Wal-Mart is vis-a-vis New York's workers' compensation system which caps employer liability. Just goes to show that the media knows little about what it reports. And the legal pundits are the worst. These are flashy supposedly highly experienced attorneys commenting on the legal issues of the day, yet not one of them knows that the family's lawsuit against Wal-Mart is barred. And yes, I'm talking to you Fox News!!

So here's the upshot from a real life lawyer. Workers and their families have no right to sue their employer for job-related injury or death. In this case, the family's sole recourse against Wal-Mart is through the no-fault workers' compensation system. The family is likely entitled to a capped death benefit. The family may sue third-party tort-feasors such as the local police department, the property owner (if other than Wal-Mart), on-site independent security firms and the customers that actually did the trampling. But Wal-Mart is off-limits. I wonder if the lawyer who brought suit on behalf of the family even realizes that his big lawsuit against Wal-Mart is about to be tossed!