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Can I still sue walmart?

Norwich, NY |

I had just puched out and went to my locker to get my things, when an assistant manager and another associated were messing around shoving each other around when one shoved the other in to the lockers (18 in a section) when they all came over and hit me in the backof my neck,shoulder and back. They filed an accident report stating they were at fault because none of the lockers were secured to the floor.( the lockers were free standing in the hall). I have had an xray which led to an mri. I have 3 discs that are herniated and with 2 have a nerve root compromise, which gives me weird feelings down my neck and sometimes messes my head up. It has been 2 yrs. I am no longer working for them and havent since Jan.

By there own rules I am still employed and on walmart property with them until I leave the parking lot. I was seen afterwards for medical problems, but didnt loose anytime from work because as they say it was a bad time of the year. I am now seeking physical therepy 2 to 3 times a week that will be starting. The specialist said that I will continue to have headaches that may get to be migraines and that I will probably loose strength in my left arm, when this begins they would like to start injections depending on the severity or just do the surgery. I have problems everyday from this. I never collected workmans comp from this. The symptoms have been graduall and I didnt really think anything would become of the blow. They took full responsibility for this injury and as far as I know to date the case is still open. No injuries before. Alot of witness and yes a claim was filed and it is still open.

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Attorney answers 4



Very sorry to hear about your injury. We need to have more information. Whether it was Walmart or another company, you can only sue your employer under certain circumstances - there is also a possible issue with the time that has elapsed since the accident, and what your immediate medical treatment was, if any.

Feel free to call Chris Thaens at Law offices Christopher C. Thaens, at 212-742-8400 and you can also visit our website at for further information.

Law Offices of Christopher C. Thaens, PC have endeavored to provide general information about the law designed to help users. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. We recommend you consult a lawyer personally to discuss your particular situation. No attorney-client relationship or duties exists as a result of our response to your public inquiry via the Internet.


I am sorry to hear about your situation. You might be able to but additional information is needed. What are your present injuries? Did you have prior injuries? Any witnesses? Did you file a workers comp claim?

You should contact an attorney to discuss your questions as additional information would be helpful.

Our firm has many years of experience in this field.

I wish you the best of luck.

Please remember that I do not normally monitor these questions after I have posted a reply.

Free phone consultation Monday — Thursday 1-5 pm.
Hayley Greenberg
Greenberg & Merola, LLP
Attorneys at Law
521 5th Ave. Ste. 1700
New York, NY 10175
(212) 593-6111, facsimile (516) 887-1720
(Additional offices: Brooklyn, Queens, Long Island)


Generally you cannot sue your employer for injuries that arise in the course of your employment - even if they are the fault of a co-employee. The question turns on whether or not, after punching out, you were still in the course of your employment. Did you receive worker's compensation medical and or wage benefits. If you did then there will be a worker's compensation defense to your claim against Walmart. It does not matter that you are no longer working for them. The question is whether or not you were employed at the time of the incident. You should also look into who or what entity owned the building- if it was not owned by Walmart then you may have a claim for bodily injury against the building owner for not maintaining a safe premises.


Any claim against your employer generally will be handled under NY's Worker's Compensation laws. You might also have the right to sue the co-employees directly. You need to consult with a worker's compensation and personal injury attorney ASAP. The manufacturer and installer of the lockers also could be at fault. However, two years is a long time to wait after an accident. Hopefully you have evidence of medical treatment that connects the accident to your current medical problems. Any lawsuit must be filed within three years after the accident.

Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.

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