The New York Disability Law Blog : New York Disability Lawyer & Attorney : Turley, Redmond & Rosasco : Brooklyn, Queens, Long Island, Nassau, Suffolk, Bronx, Staten Island

The Lexis Nexis Workers’ Compensation Law Center Powered by Larson’s recently announced the 2008 honorees for the LexisNexis Top 25 Blogs for Workers’ Compensation.

The New York Disability Law Blog, published by Turley, Redmond & Rosasco, LLP, was selected as a 2008 honoree. The New York Workers' Compensation Alliance Blog, with which we are affiliated, was also honored in the Top 25.

“These blogsites contain some of the best writing out there on workers’ compensation and workplace issues in general,” says the LexisNexis Workers’ Compensation Law Center. “They contain a wealth of information for the workers’ compensation community with timely news items, practical information, expert analysis, tips, frequent postings, and helpful links to other sites. These blogsites also show us how workplace issues interact with politics and culture. Moreover, they demonstrate how bloggers can impact the world of workers’ compensation and workplace issues.”

We are deeply honored by the recognition of LexisNexis, the pre-eminent legal publisher in the United States.  When we started the then named Disabled Worker Law Blog in March 2005 as a helpful information portal for those with workers' compensation and long term disability claims, we never could have imagined the positive impact it would have on the lives of those fighting either insurance companies or the government for the benefits they deserve.  Due to the enormous amount of time blogging requires from already over-worked lawyers, many legal blogs die an unnoticed death a few months after launching.  Thanks to all our loyal readers and subscibers for making all our hard work worthwhile.

Much thanks goes to Kevin O'Keefe of Lexblog, who not only set up this blog, but was always there for encouragement and technical expertise.  We recently lectured together at the Association of the Bar of the City of New York about "Blogging for Lawyers".  Kevin and his Real Lawyers Have Blogs site was recently honored by American Bar Association as one of the Top 100 Legal Blogs in the country for 2008.  Although the ABA labled him a blog "evangelist", I prefer to call him a good freind.  Thanks Kev. 

See you all in the blogosphere next year.  Happy New Year to all!

-Troy

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At this festive time of year, when so many of us are struggling in economic despair, let us not forget all that we still have.  In the spirit of the Christmas season, let us try to put aside our worries, if only for one day, and rejoice for the things that matter most - the happiness and health of our families.

For the those among us who are not working due to accidents or disease, may 2009 bring you a return to work and good health.  The attorneys at Turley, Redmond & Rosasco have dedicated our professional lives to representing injured and disabled claimants with ERISA and private long term disability claims, Social Security disability claims and workers' compensation claims.  May 2009 bring happier, healthier and more prosperous days to the clients we serve.  Merry Christmas and Happy Holidays!

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Nassau County District Attorney Kathleen Rice must have been reading the New York Disability Law Blog recently when we were the first to call for a criminal probe of Walmart's role in causing the death of it's employee, Jdimytai Damour.  As reported in Newsday, this aggressive prosecutor is willing to use the power of her office to place a bright light on worker safety AND employer responsibility.  She deserves the thanks of all working men and women in the New York area.  It's not every day that a public official is willing to stand up to Wal-mart.

Rather than see the fact's of the Damour case get buried by time and paper in a New York Workers' Compensation claim, DA Rice's investigation will hopefully make Walmart, and similar reckless retail employers, think twice before sponsoring "door-buster" "blitz" sales on the now appropriately named Black Friday.  Also credit the RWDSU and it's President, Stuart Appelbaum, for standing up to Wal-mart and placing the blame where it should be - Aisle #3!

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It has now been one week since the sad death of Walmart worker Jdimytai Damour, and of course, this being New York,  the lawsuits are already flying.  One attorney has filed a lawsuit for the family against Walmart in the Bronx (where else!) claiming Walmart was "careless, reckless and negligent".  In my opinion, the direct lawsuit against Walmart for negligence will be dismissed promptly. 

Mr. Damour's family cannot sue Walmart directly due to the "exclusive remedy" provisions of the Workers' Compensation Law.  Filing a negligence lawsuit directly against Walmart probably had more to do with the attorney getting his name in the news than actually holding Walmart responsible.  And some question why lawyers have a bad image?

Based upon the reported facts,  Mr. Damour worked for a temporary staffing firm called Labor Ready.  Walmart contracted with Labor Ready for temporary workers to fill holiday staffing needs. In this case, the legal concept of a "General/Special" employer-employee relationship would come into play.  If Walmart exerted "direction and control" over Mr. Damour (ie, "go unlock the doors and let the lions in"), then Walmart is considered a "Special Employer" even if Mr. Damour got his paycheck from Labor Ready. 

Once Walmart is deemed a "Special Employer", it is protected from any direct lawsuit for negligence by the exclusive remedy provisions of the NY Workers' Compensation Law.  Without any fanfare, Walmart will quickly move to dismiss the lawsuit based upon the defense that workers' comp is the exclusive remedy.  As I said in a prior post, the Damour family will get a measly one time $50,000 payment to his estate (plus a $6,000 expense) for the life of their loved one under the workers' compensation law, and they probably don't need an attorney.  

Workers' Comp Central has been quoting me in their articles this week regarding the tragedy.  Here are a few excerpts from those articles for those of you without a subscription:

A top officer of the New York Workers' Compensation Alliance is calling for a criminal investigation by state Attorney General Andrew Cuomo into the death of a temporary worker trampled in the rush for bargains at a Long Island Walmart Store before sunrise last Friday.
Troy Rosasco, co-chairman of the workers' advocates group, said Monday the world's largest retailer is shielded from a lawsuit in the death of 34-year-old Jdimytai Damour because of New York state's exclusive remedy law.

"He had never worked for Wal-Mart before. This was like sending a guy into the (Roman) Coliseum and telling him to unchain the door and let the lions in," Rosasco said. "What happened was foreseeable. They created a danger when they called it a blitz sale. A blitz is defined by Merriam Webster as a sudden attack."

Walmart may be sued by the mall or security company for contribution, but it cannot be sued by the Damour family itself.  They only have a workers' compensation death benefits claim against Walmart. This is another reason NY Attorney General Andrew Cuomo should investigate this terrible tragedy brought on by Walmart's greed. 

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