If you have just been involved in a serious accident at work and you have had hospital treatment or expensive medical help, you may be wondering what you can do to recover some of the costs, or even just pay the household bills while you are away from work. Workplace injuries can be offset if you work for a well established corporation like Walmart because it will be required by law to cover you for workers’ compensation. This is not unlimited and only covers basic medical costs and around two thirds of your normal wage, but this is certainly better than nothing and stops you from having to file a personal injury claim against your own employer. Talk to a workers’ comp. attorney if you do not understand your legal rights or how to proceed with a claim. Company Profile: Walmart Walmart is an American icon and although it is not nearly as internationally well known as McDonald's or Starbucks it is certainly widespread through the U.S. and Canada. Walmart is such a big company now that it has actually become the largest retail company in the world judged by the amount of revenue it makes. Walmart operates under different trading names elsewhere in the world (such as Asda in the U.K.), but there are still nearly 12,000 stores and super-centers with the Walmart name. Walmart is thought to be the world’s largest private employer with over 2.3 million employees. Given that huge number of workers, it is hardly surprising that at least some of them are filing workers’ compensation claims somewhere at sometime if they have suffered from a workplace injury. Hourly wages at Walmart Payscale.com provides a snapshot of the earnings of typical employees in many of America’s major companies. There is a huge range of different pay scales in Walmart because of the size of the organization. There is anything from shop floor staff to delivery drivers, strategists, managers, maintenance staff and many more. Just to give a quick impression of some pay scales of typical Walmart employees these have been provided below Figures are for March 2017, so quite up to date. Walmart cashiers earn from $7.89 up to $10.76 an hour. Overnight stockers who keep the shelves stocked for the next day’s trading earn between $8.90 and $16.82, depending n how unsocial the hours they work. Order fillers earn between $12.41 and $23.94 an hour. Pharmacy technicians earn anything between $8.93 and $16.31 depending on their level of experience. How to File a Workers’ Compensation Against Walmart Walmart is one of the biggest employers in the country and most employees are covered by the company’s workers’ compensation insurance. However, if you are injured while working at Walmart you will need to file for workers’ compensation as the company won’t just come up with the payments automatically. If your injury was caused by a slip and fall accident while working as an employee in the store or as a driver you will need to get a workers’ compensation claim form from either Walmart or your state’s workers’ compensation board. If your injury is so serious that you cannot file the claim yourself you will need to ask someone, like a reliable family member to do it on your behalf. You will need to include the following details on the form: your full name; your job details; where and how the accident happened; details of your injury; the names of any other Walmart employees who were involved in the accident. This information needs to be backed up by evidence. If you fail to prove to Walmart’s WC insurer that the accident and injury took place at work your claim could be denied. Documentary evidence should include the following: written proof that you reported the accident to your supervisor within the time required; receipts for medical treatment received; unpaid invoices for medical treatment; your doctor’s report explaining your diagnosis, medical treatment and likely recovery time; eye witness’ written reports; photographs taken by you or a work mate of the slip and fall accident site and injury; photographs taken by surveillance cameras in the store. As soon as you have all the information to support your workers’ compensation claim you should make sure it is filed with Walmart’s workers’ compensation insurer within your state’s statute of limitations. This can be anything from 12 months to 3 years. If you fail to fulfill this requirement it is unlikely you will be eligible for workers’ compensation. Common reasons for denying a WC claim are the claim was filed after the employee left Walmart, the proof wasn’t sufficient to prove the injury took place at work and the employee was under the influence of drugs or alcohol when the slip and fall accident took place. Calculating Workers’ Comp Settlement Against Walmart for a Slip and Fall Accident You will want to know what your workers’ compensation entitlements are likely to be and there is a rough calculation you can make yourself. A workers’ compensation claim for a slip and fall accident should include: Compensation for medical costs for the treatment of the slip and fall injury; Compensation for lost earnings which amounts to 2/3 of your weekly wage. A settlement may also include compensation for future medical treatment if the injury is judged to be more permanent or is unlikely to allow a return to work or to do the same job. Retraining or help with finding another job may also be part of your workers’ compensation settlement. Compensation for medical costs means the full payment of physician’s fees, hospital treatment, surgery, anesthesia, if necessary, x-rays, scans and medication. Average Workers’ Comp. Settlement For Injuries at Work If a Walmart warehouse assistant slips and falls on some spilled liquid and breaks his/her arm and has to take time off work. S/he can expect to receive two thirds of his/her weekly wage and the full cost of medical treatment. A broken arm needs approximately 6 weeks of recovery time. Breakdown of medical costs Cost of ambulance = $200. Emergency room fee = $400 Complete broken arm treatment including cast, medication, x-rays and consultations = $2540 Total medical treatment = $3,140 Breakdown of compensation for lost wages Warehouse assistant earns $8.00 for $40 hours Compensation = 2/3 of $8.00 = $5.33 X 40 = $213.20 Total compensation = $213.20 X 6 weeks = $1279.20 Total compensation for medical treatment and wages = $3,140 + $1,279.20 = $4,419.20. If the disability is permanent then another calculation will need to be made based on the extent of the disability and if the Walmart employee can return to work doing a different job. Effect of Your Normal Wage on an Estimated Compensation Payment Most states aim to allow about two thirds of the expected weekly earnings to be included in a compensation payment. That’s in addition to any medical costs. A Walmart stocker, for instance, might get paid as little as $5.90 right up to $16 an hour depending on what they were earning before they had the accident. You May Find a Workers' Comp Attorney Helpful When the going gets tough, it’s easier and less stressful using a workers’ comp. attorney to help you with your claim. They can provide valuable legal advice, assess your claim and advise you on how much you should actually claim, help collate any documentation you need and negotiate on your behalf with the company you work for and the insurance company involved. *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 company, you may not be entitled to any compensation. Walmart is one of the biggest employers in the country. Inevitably, many accidents to workers take place every year. Fortunately for the employees, Walmart has them covered with workers’ compensation insurance, which means as long as the accident or illness took place while working for Walmart there is no reason not to be granted workers’ compensation while the worker is recovering. In order to win a successful WC claim it is important to find enough evidence that proves the accident took place at work Gathering Evidence for a Workers’ Compensation Claim If you are injured or fall sick while working you will need to get eye witnesses’ reports of the accident which could be coworkers or even shoppers. Taking some photos of the accident scene will also help you towards winning a favorable WC settlement. What a WC insurer may look for first is the accident report you should have filed with your supervisor at Walmart. Because your medical treatment is paid for if you win WC you should make sure you get a copy of your physician’s diagnosis and all the treatment that is required and an estimate of the cost. If there are medical bills you haven’t yet paid these can be included in your WC claim. What Kinds of Workers Compensation Could You Receive? There are several parts to a WC claim which are the following: • medical care under wc; • wc rehabilitation benefits; • disability benefits from wc; • wc death benefits. Medical Care Under WC Medical care includes all medical treatment and any help at home while you recover. WC Rehabilitation Benefits Rehabilitation benefits pay for extra care such as physical therapy which helps to get you back on your feet and back to work. If your disability from your accident and injury means you cannot resume work activities in your old job you may get retraining paid through workers’ compensation. Disability Benefits From W. C. There are several categories of disability which are considered when a WC claim is calculated. • Temporary total disability stops you from working completely but just for a short period. These payments will come to an end when you return to work. Most WC claims are for this type of disability. • Temporary partial disability stops you from working in your usual job for a short period of time but you can do some other types of work. If the pay for the other type of work is less than in your usual job WC should make up the difference until you are able to resume work at your usual job. • Permanent partial disability is when you experience permanent damage from an injury or sickness caused in your workplace. • Permanent total disability means you are unlikely to return to work in any capacity. Depending on the state typically disability benefits are calculated based on 2/3rds of your weekly wage. There is usually a cap on how long disability payments are made. If your payments are stopped there are other types of state benefits that will probably replace them. WC Death Benefits If an employee dies due to a workplace accident or a work related illness most of the states offer death benefits to eligible close relatives like a spouse or children of the deceased. Usually the relatives who get this benefit have been dependent financially on that person when s/he was alive and bringing in an income. The amount payable is often based on a percentage of the worker’s weekly wage. WC Calculation for a Pharmacy Assistant at Walmart If a pharmacy assistant was filling glass bottles with tablets and s/he slipped and fell on a slippery substance on the floor causing serious lacerations from broken glass to the hands and face s/he should qualify for workers’ compensation. Breakdown of medical costs and disability payments Cost of ambulance = $200. Emergency room fee = $400 Complete lacerations treatment including skin grafts = $20,000 10 months off work for a pharmacy assistant earning on average $15 per hour = $600/66.66% = $400 x 40 weeks = $16,000 The above calculation is based on a temporary total disability. If your disability is permanent a different calculation will be required. Total WC = $36,600 Why You Need a WC Attorney Providing workers’ compensation is compulsory for most employers but that doesn’t mean it is easy to win a favorable settlement. Many WC insurers find any excuse they can not to pay workers’ comp. Even a slip up in the wording on your claim form could result in your claim being denied. To avoid unnecessary mistakes in your claim you should talk to a WC lawyer who with his/her valuable knowledge can help you get the WC you deserve. *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 company, you may not be entitled to any compensation.
