Pennsylvania employees may be interested to hear about a workers’ compensation case that Wal-Mart is attempting to transfer from the state to federal court. The retail giant is being sued after an employee claims that he was severely injured on the job.
According to the report, the man was working at a Wal-Mart distribution center in 2011 when he cut his knuckle while removing debris from a pallet. His injury required several surgeries to fix complications that arose as a result of the injury, including necrotizing fasciitis, permanent scaring and skin grafts. He also now suffers from decreased right arm mobility and chronic pain as a result of the accident. According to the victim, he even had to undergo a medically induced coma. The victim also claims that he suffers from depression, anxiety and sleeping difficulties, among other psychological trauma as a result of the injury.
The U.S. District Judge granted the plaintiff’s motion to move the case to state court after the victim’s legal team indicated that they intended to include two managers who they believe may be liable for the injury. However, a defense preliminary objection seeking dismissal against the two managers was sustained by a Philadelphia Pleas Court Judge in June 2013. Lawyers for the retail giant are now arguing that the case belongs in federal court due to the diversity of citizenship of employees.
Because it was unsafe work conditions that resulted in the man becoming injured, his employer may be responsible for covering his expensive medical bills and his lost wages due to his inability to work. In some instances, however, employers or their insurance deny benefits to their workers or provide less than they need. An experienced Pennsylvania attorney may be able to help seek a just compensation for their client.
Source: The Pennsylvania Record, “Wal-Mart lawyers again seek to move injury claim by distribution center worker to federal court“, Jon Campisi, June 25, 2013