Help! I was Injured Working at CVS!*

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We all want to safely do our jobs. No one wants to get hurt, be out of work, and have medical bills they cannot pay. So, what happens if you have an on the job injury?

Thankfully, there are safeguards set forth by each state requiring employers to provide workers’ compensation insurance to protect workers if such an incident occurs.

Workers’ compensation insurance is there to protect you, to help you recoup a portion of your lost wages, and can cover medical expenses that occur because of your injury. If you have been injured while working at CVS, you should be aware of your rights and the potential to file a workers' compensation claim.

It is important to keep in mind that even if you were injured while working for CVS, you may not be eligible for a claim.

Company Profile: CVS Pharmacy

CVS Pharmacy is a retail chain headquartered in Woonsocket, Rhode Island. CVS has over 7,600 stores and over 80,000 employees. In addition to hiring pharmacists and retail workers, they also have warehouses and delivery drivers.

Potential Injuries That Could Occur

The risks a CVS employee may face can vary depending on the responsibilities of the employees.

  • Warehouse workers and stock room employees may suffer from injuries to their back, neck, shoulders, and knees due to lifting heavy boxes or even a slip and fall.
  • Delivery drivers may face risks while loading and unloading their truck or because of a traffic accident.
  • Sales associates, stock clerks and pharmacists may face risks such as slipping on a wet or slick floor, an injury when removing items from a high shelf, or moving heavy boxes from the back stockroom to the storefront. They are also at risk for repetitive stress injury because of doing the same small motions (such as scanning items or filling prescriptions) for extended periods of time.

Examples of a CVS Workers’ Compensation Claim

If you are an employee of CVS, you face risks while you are on the job. Any job has its own risks, and even if you are adhering to safety protocol and regulations, you can still be injured while on the job.

If you have suffered injuries in a workplace accident, you can file a claim for CVS workers’ compensation benefits. You are most likely going to qualify for workers’ compensation benefits just so long as your injury took place while you were working.

For example, you were working on the sales floor when you slipped and fell because of detergent that had leaked on the floor. When you fell, you suffered a back injury that will require surgery. Your medical bills are mounting, and you will suffer thousands of dollars in lost wages.

You will need to file a claim for workers’ compensation benefits. Workers’ compensation will cover your medical bills and will pay about two-thirds of your lost wages while you are recovering from your injury.

What to Do If You Are Injured on the Job at CVS Pharmacy

Make sure that if you are hurt during your shift at CVS that you follow these four steps:

Step One

If you are hurt or sick from your work, stop what you are doing and immediately tell your supervisor. If you are a driver for CVS and you are involved in an accident, call 911 before you do anything else. Then call your dispatcher.

Step Two

You should also call 911 if you are seriously injured on the job. If you slip and fall and hit your head, this is a medical emergency. If your back hurts too much to move, this is also an emergency.

Head and spine injuries can be more serious than they first appear. Do not wait until you are off the clock.

Step Three

Document what happened in an accident report. If you called 911 for an emergency, the responding officer will file a report. Get the report number so that you can request a copy of it.

If you have a medical emergency, go to the emergency room. Otherwise, you should speak with your OSHA or HR rep about filing your workers’ comp claim and making an appointment with the doctor listed on the policy.

You also have the option to see your own doctor. If you go to a doctor not listed on the policy, you may have to pay out of pocket for your care. Keep your receipts. If your workers’ compensation claim is approved, you can be reimbursed for your expenses.

Step Four

Make an appointment with a workers’ compensation attorney. Insurance companies are businesses. Businesses exist to make a profit. The adjustor may try to pay you as little as possible or try to dismiss your claim. Do not sign anything without first speaking with an attorney.

Average Settlement For a CVS Workers’ Compensation Claim

There is not an average settlement for a CVS workers’ compensation claim because no two claims are the same. When determining the value of your workers’ compensation claim, several things are taken into consideration. First, the severity of your injuries plays a significant role. A minor injury that will heal quickly, such as a sprain, will warrant a lower settlement than a serious injury that will affect you for years to come, such as a spinal injury, traumatic brain injury, or a back injury.

All your medical bills are added up, such as the doctor visits, hospital bills, laboratory bills, physical therapy, prescriptions, and medical devices. You will most likely be required to choose a physician who is in the network for CVS’s workers’ compensation insurer. Your injury may require future care, such as another surgery or ongoing physical therapy.

Your workers’ compensation lawyer will consider your past medical expenses as well as any future medical care that your injury will require. Also, in addition to your past lost wages any future loss of earnings will be included in your settlement.

If your injury is so severe that you cannot return to the same job, and you must transition to a lower paying position, that loss of earnings will be included in your claim and the cost of vocational training might also be added.

Before you reach a settlement for your workers’ compensation claim against CVS, you will want to make sure all your losses – including those in the future – are considered as part of your claim and added into the value of your settlement. Your workers’ compensation lawyer will make sure all the losses you have experienced are added into the total of your settlement value. Without the guidance of a workers’ compensation lawyer representing you in your claim against CVS, you may not be fairly compensated for your losses.

Past Workers’ Compensation Claims Against CVS

In May 2006, CVS filed an appeal** against a court’s decision that CVS employee was permanently and totally disabled because of an injury that happened while working. The initial lawsuit was filed by the employee seeking workers’ compensation benefits and CVS responded by denying liability. On June 15, 2005, the trial court ruled on the claim, determining the employee was “permanently and totally disabled.”

After CVS filed an appeal on July 29, 2005, the parties used an appellate – mediation process while attempting to resolve the matters. On April 7, 2006, the trial court certified the order regarding the workers’ comp claim as being final. However, the court didn’t determine a specific amount of damages being due the injured worker, and the amount of damages hadn’t been adjudicated, so CVS filed an appeal.

A CVS employee in New Jersey*** filed a workers’ compensation lawsuit after suffering injuries when he slipped and fell while shoveling snow from the store’s loading dock at the back of the building in 2015. He suffered injuries to his thoracic, cervical, and lumbar spine. It was later determined a third-party was liable for the damages and the injured worker file a personal injury claim against the third-party. CVS argued they were no longer liable for the injury since a third-party personal injury lawsuit had been filed regarding the accident.

Evidence For Your CVS Workers’ Compensation Claim

If you have been injured while working at CVS, you should maintain documentation to support your claim. Always notify your supervisor or manager or human resources of your injuries as quickly as possible. Be sure to establish medical care right away because you want to be able to prove that the injuries were a direct result of the accident that happened while you were on the job.

If there are any witnesses, ask them to provide written statements. Also, there is a chance that your accident was caught on surveillance camera. If that is the case, then the video could be beneficial to your claim and will show that the accident did take place while you were on the job. Be sure to maintain copies of medical bills and proof of missed work and lost wages.

Talk to a Workers' Compensation Attorney

If you have been hurt on the job at CVS Pharmacy, you may have legal rights under workers’ compensation law. It is advisable to contact a workers’ compensation attorney to ensure that you know your rights.

You should enlist the help of a workers’ compensation attorney right away. CVS will be represented by lawyers, so you will want to make sure you have legal representation looking out for your interests. Many legitimate workers’ comp claims are denied, so you will want to make sure your claim is on the right track, that all state laws are followed, and that your claim is underway in a timely manner.

Workers’ compensation attorneys take cases on the contingency basis, so you will not have to pay anything out of pocket. Your lawyer will not be paid until your claim has been won and you get a settlement. Schedule your free case review today so you can pursue a workers’ compensation claim against CVS after your workplace injury.

Additional Resources

*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against CVS, you may not be entitled to any compensation.

**caselaw.findlaw.com/al-court-of-civil-appeals/1025368.html

*** leagle.com/decision/innjco20150709263