Have you had an accident while at work? If you have been injured and cannot return to work any time soon, you should consider filing a workers’ compensation claim. Your employer will almost certainly have insurance to cover workplace injuries and illnesses, especially if your employer is a major one, like Walmart. Compensation should cover the cost of medical treatment and at least part of any lost earnings. If you are unsure about your rights, talk to an attorney who deals with workers’ comp. Walmart – Company Profile Walmart is a huge chain of retail department stores, selling just about everything basic you might need from groceries to clothes, toys, hardware and sports equipment. There are nearly 12,000 Walmart stores scattered right across the U.S. and Canada. Walmart is one of the world’s largest employers, with nearly 2 million people employed somewhere doing something for the company. Employment can vary from cashiers, greeters, truck drivers, and corporate duties. Most of these employees will be working in the big Walmart stores and supercenters, selling merchandise, working as cashiers, helping to unload and display goods and delivering Walmart products from depots to stress all over the country. Serious Slip and Fall Injuries May Lead to a Workers’ Comp. Claim Slip-and-fall injuries vary from minor scratches and cuts to much more serious injuries like fractures, dislocated joints, spinal damage and traumatic brain injury (TBI). Depending on the exact nature of the injury or injuries, immediate medical treatment may be necessary together with absence of work for days, weeks or months. Most workers prefer to get back to work as soon as they can, but this depends on the sort of job they do. A worker who has a leg injury will not be as disadvantaged if they have a desk job as someone who has to spend a lot of time on two feet. Whatever the nature of the injury, it should be covered by Walmart workers’ compensation insurance, as long as it the injury happened at work. The claim should take into consideration the full medical costs as well as the entire period of absence, even if the compensation is only for a percentage of what might have been earned. Calculating the Value of a Walmart Slip-and-Fall Claim Walmart Workers’ compensation usually only covers two things: medical expenses and lost earnings. The medical expenses component should cover ambulance fees, hospital treatment including surgery, visits to the doctor, x-rays and other tests, medication and transport to and from medical centers. Any settlement amount may vary depending on the injuries and the costs associated with them. The lost earnings component is calculated by multiplying the hourly wage by the normal number of hours worked per week by the time legitimately absent because of the injury and the state determined percentage allowed for compensation, typically around two thirds. Hypothetically speaking, if a Walmart sales assistant trips over loose flooring and hits his head as they fall down may be off work for three weeks while treatment and recovery take place. If the worker earns $7.50 an hour and normally works 40 hours a week, the claim would be calculated like this: $7.5 (hourly wage) x 40 (no. of hours per week) x 3 (no. of weeks absent) x 0.67 (percentage allowed) = $603. Remember, this amount is added to the payment claimed for medical expenses. How to Win Damages for a Slip and Fall Accident at Walmart If you have been involved in a slip and fall accident at Walmart and the accident was not your fault and you have the evidence to prove it you may be able to file a personal injury claim and reach a settlement that covers the financial hardship you have endured due to the slip and fall accident. Examples of Injuries in a Slip and Fall Accident at Walmart Many slip and fall accidents in big stores like Walmart occur because of a slippery substance spilt on the floor that has not been removed quickly. The sort of injuries will depend how the victim falls. For example if s/he falls backwards the following injuries may take place: spine and back injuries; injuries to the back of the head and neck; shoulder injuries. If the victim slips and falls forwards and strikes his/her head on a sharp, protruding object like the corner of a shelf the types of injuries could be any of the following: traumatic brain injury; cuts and bruises; facial lacerations; broken arm or wrist. Considerations that Need to Be Made When Calculating a Settlement the cost of medical bills already paid; estimate of further medical treatment costs; the cost of physical therapy. the value of lost wages due to missed work; an estimate of the value of missed work until the victim returns to work. Past Cases of Personal Injury Lawsuits at Walmart Case 1 Big stores like Walmart are required by law to keep their stores safe for use by customers. This wasn’t the case for an army veteran who entered an Alabama store to purchase a water melon and ended up leaving the store on a stretcher due to a shattered hip. In this incident the man got his foot caught in a wooden pallet and when he tried to release it he fell and broke his hip. As the accident wasn’t his fault he sued Walmart and an Alabama jury agreed to a settlement of $7.5 million as compensation for the injury. This included $2.4 million in compensatory damages and $5 million in punitive damages proving that Walmart neglected to keep the store safe to use for customers. The accident had serious consequences for the victim a regular basketball player as he could only walk with assistance from a walker due to the seriousness of the hip injury. Case 2 A woman who went to buy a few bags of woodchips in a Walmart store in Idaho ended up slipping and falling on a pool of water that should not have been there. She injured her left knee so badly that she required surgery. A surveillance video in the store revealed that the pool of water was caused by a Rug Doctor machine which when rented by a customer left a pool behind on the floor. She didn’t win her case but it forced Walmart to improve the conditions in their stores. Why Hire an Attorney for a Slip and Fall at Walmart Walmart is used to being sued and because it is a massive company it has the resources to defend itself when a plaintiff slips and falls and is injured. If you have been injured in a slip and fall in Walmart hiring an attorney to work on your behalf will help level the playing field when your attorney files a PI claim in order to reach a favorable settlement to cover the financial hardship caused by your injuries. An Attorney Can Help You With a Walmart Workers’ Comp. Claim You can feel very much on your own when you have had a workplace injury and are wondering how to go about claiming compensation. If you are unsure of your rights and how to initiate a claim, it is best to contact an experienced workers’ compensation attorney who can provide much needed legal advice and help. Additional Resources What to Do When Injured Working at Walmart *The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Walmart, or any other party, you may not be entitled to any compensation.
