The man killed was not employed by Walmart. He was their agent, not their employee.
He was working for a security agency hired by Walmart. Using the security agency, rather than hiring an employee, allows Walmart to escape some liability and responsibility.
If Damour had just been injured, he would be seeking workmen’s comp from the security firm and wouldn’t get anything from Walmart. Since he died, Walmart will assert that his survivors should be limited to obtaining compensation from his employer — the security firm — actually, the security firm’s payments to NY state workmen’s comp, not from Walmart.
To obtain compensation, Damour’s survivors need to sue. Their case would be much stronger if NY State finds Walmart to have exercised criminal negligence with regard to crowd control. Walmart would settle quickly out of court, if the firm is criminally charged. If Walmart is not criminally charged, Walmart will push the civil trial far to the future and the survivors won’t see a cent for a decade or more.
Death Benefits per the New York State Workmen's Compensation Board
If the worker dies from a compensable injury, the surviving spouse and/or minor children, and lacking such, other dependents as defined by law, are entitled to weekly cash benefits. The amount is equal to two-thirds of the deceased worker's average weekly wage for the year before the accident. The weekly compensation may not exceed the weekly maximum, despite the number of dependents.
If there are no surviving children, spouse, grandchildren, grandparents, brothers or sisters, parents or grandparents entitled to compensation, the surviving parents or the estate of the deceased worker may be entitled to payment of a sum of $50,000. Funeral expenses may also be paid, up to $6,000 in Metropolitan New York counties; up to $5,000 in all others.
An Agent -- Not An Employee
He was working for a security agency hired by Walmart. Using the security agency, rather than hiring an employee, allows Walmart to escape some liability and responsibility.
If Damour had just been injured, he would be seeking workmen’s comp from the security firm and wouldn’t get anything from Walmart. Since he died, Walmart will assert that his survivors should be limited to obtaining compensation from his employer — the security firm — actually, the security firm’s payments to NY state workmen’s comp, not from Walmart.
To obtain compensation, Damour’s survivors need to sue. Their case would be much stronger if NY State finds Walmart to have exercised criminal negligence with regard to crowd control. Walmart would settle quickly out of court, if the firm is criminally charged. If Walmart is not criminally charged, Walmart will push the civil trial far to the future and the survivors won’t see a cent for a decade or more.
Death Benefits per the New York State Workmen's Compensation Board
If the worker dies from a compensable injury, the surviving spouse and/or minor children, and lacking such, other dependents as defined by law, are entitled to weekly cash benefits. The amount is equal to two-thirds of the deceased worker's average weekly wage for the year before the accident. The weekly compensation may not exceed the weekly maximum, despite the number of dependents.
If there are no surviving children, spouse, grandchildren, grandparents, brothers or sisters, parents or grandparents entitled to compensation, the surviving parents or the estate of the deceased worker may be entitled to payment of a sum of $50,000. Funeral expenses may also be paid, up to $6,000 in Metropolitan New York counties; up to $5,000 in all others.