Sears employs a lot of staff. Because of the sheer number of employees and the large number of stores, it is inevitable that injuries occur from time to time. Sears employees are protected when injured through their employer’s workers’ compensation insurance cover which helps to pay for any medical treatment needed and will also pay more than half the normal wage for those days the injured employee has to take off work because of their injury. Because Sears employees are covered by workers’ compensation, they are not entitled to pursue a personal injury claim against their employer, even though this could theoretically provide them with a greater compensation payment. Despite the basic nature of workers’ comp. the fact that it is a no-fault based type of insurance means that obtaining compensation tends to be faster and easier than a personal injury claim. Injuries That Can Happen in a Store Sears stores are typical department stores. Employees are at risk of a number of different types of accidents. They may face injuries related to the lifting and carrying of heavy items and the packages and cartons they arrive at the store in. These injuries are most common in storerooms and warehouses, although employees who stock shelves, clean floors and clear away trash are also exposed to back and spinal injuries. Sears stores are large and employees are often constantly on the move around the store helping customers with enquiries, keeping the shelves and counters well stocked and maintaining a clean and safe environment. The most common injuries in the showroom of a big store are slip trip and fall injuries. They occur when employees slip over on slippery surfaces, trip over loose material or objects on the floor, and fall causing injuries. Filing a Workers Compensation Claim Workers’ compensation is insurance that your employer takes out, but the whole process is under the control of a state body, such as a workers’ compensation board or agency. Rules about when a claim has to be filed by and what can be claimed for are made and enforced by the state. You will certainly need to know how long you have got before you can no longer make a claim, although this is usually quite long – 2 or 3 years in most states. You will need to make sure that your injury is properly recorded as soon as possible after the accident if you are going to have a chance of obtaining compensation. Your employer’s insurer may insist on you using a preferred doctor or hospital or may just leave it up to you. Whatever the arrangement, you will need to obtain reports on your injury and what treatment you have had as well as how much it has cost you. How the Value of a Workers’ Compensation Claim is Decided Workers’ compensation is a basic form of compensation which is mainly made up of two components: Compensation for medical treatment; and Replacement of a percentage of lost earnings if you have to stay at home or simply cannot go back to work straight away. The calculation of what you should get for medical costs is straightforward: just add up every bill you have had to pay, including medication and hospital treatment. The lost wages component is usually around two thirds of what you would have received if you had been able to keep working. For example, if your normal hourly pay is $8 and you would have worked a 40 hour week and were off work for three weeks with a back strain, you should receive 40 x 3 x $8 x 2/3 = $640. Why You Might Use a Workers’ Compensation Attorney An experienced workers’ comp. attorney can provide advice, legal help and will be certainly needed of your claim is denied for any reason and you choose to appeal the decision. Additional Resources How To Appeal Denied Sears Workers’ Compensation ClaimWhat Evidence Do I Need for My Case Against Sears? *Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Sears, or another party, you may not be entitled to any compensation.
