Posted On: December 1, 2008 by Pennsylvania Personal Injury Attorney

Wal-Mart Employee Dies in Black Friday Stampede

A worker at a New York Wal-Mart was trampled and killed on “Black Friday” by shoppers desperate for bargains. Police said that about 2,000 people were waiting outside the store doors and knocked down Jdimytai Damour as he opened the doors at 5 a.m., leaving a metal portion of the frame crumpled like an accordion.

According to a story in the Philadelphia Inquirer, at least four other people, including a pregnant woman, were taken to hospitals for observation or minor injuries, and the store closed for several hours before reopening.

Other store employees who tried to help Damour were also trampled. Damour, 34, was taken to a hospital, where he was pronounced dead about 6 a.m., police said. The cause of death had not been determined.

Police said criminal charges were possible, but that it would be difficult to identify individual shoppers. Authorities were reviewing surveillance video.

According to the article, Wal-Mart Stores Inc., called the incident a "tragic situation" and said the employee came from a temporary agency and was doing maintenance work at the store.

By law, it is required that every company in our state carry Pennsylvania Worker's Compensation Insurance in the case an employee is injured on the job, becomes ill due to circumstances surrounding their job or even if death results from their job. Benefits can include medical expenses, lost wages and death benefits. Workers' compensation exists both as a way to benefit injured workers and as a way to protect employers. Workers' compensation is a no-fault insurance system, which means that no guilt needs to be proved in a case; only that the injury sustained occurred while on the job.

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers' compensation claim in Pennsylvania.