A provision in the North Carolina workers' compensation act prevents the estate of a Wal-Mart employee in Wilson who was killed on the job from suing the giant retailer. Brent Adams & Associates' NC workers' comp attorneys learned about the ruling when it was made by the North Carolina Court of Appeals yesterday.
Although the ruling occurred in February 2013, the fatal work accident in Wilson, NC took place in May 2011. The Wal-Mart employee Sue Pender, a store greeter, was working at the time another Wal-Mart employee and a customer ran into her, causing her to fall and suffer a fatal brain injury. The other Wal-Mart employee Joshua Lambert, a loss prevention associate, was chasing the customer who had been accused of shoplifting. However, Wal-Mart has a strict "no-chase policy."
Loss prevention associates must meet a monthly quota. The Estate of Sue Pender claimed Lambert was forced to violate the no-chase policy because of the pressure he was under from the monthly quota. The NC Court of Appeals disagreed. The exclusivity provision within North Carolina's workers compensation act protects Wal-Mart Stores.
Every case is different, but families should be assured there are ways NC workers' compensation attorneys can help surviving family members receive compensation for the loss of their loved one. North Carolina workers' comp death benefits help cover burial expenses and lost wages. Beneficiaries may be entitled to an increase in benefits if the employer is found to be in violation of safety protocol.