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 www.thaenslaw.com for further information.
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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.
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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.
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