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Filing an AutoZone Worker’s Compensation Claim in Houston

Workplace injuries can set your finances back significantly. Filing an AutoZone worker’s compensation claim in Houston could give you the means to pay for your medical bills and other expenses, so you would not have to struggle financially as you work on recovering from your physical and mental injuries.

While you might assume that getting compensation after experiencing a workplace injury will be straightforward, the process can be complicated which is why working with a knowledgeable legal team is critical.

How to Prove AutoZone’s Liability in a Workplace Injury Claim

AutoZone is a non-subscriber employer, which means it does not subscribe to the statewide workers’ compensation plan system. Because it is a non-subscriber, an injured employee is eligible to sue the company in a civil personal injury lawsuit. As with all other civil claims, the injured person must prove that their employer is somehow responsible for their injuries. However, unlike in most other civil suits, AutoZone cannot claim certain defense strategies.

No Contributory Negligence

An employer cannot argue that the employee’s injury occurred because of the employee’s own negligence. Even if the evidence shows that the employee was 99 percent responsible for the accident and the employer was only 1 percent to blame, the employer cannot argue that the employee was contributorily negligent.

No Waiver of Liability

An employer cannot claim that the employee waived their right to sue before the accident occurred. Even if they signed a waiver, the employer cannot use that as a defense against liability.

No Assumption of Risk

AutoZone cannot argue that the employee was aware of the risks of their job and voluntarily assumed the risk.

No Negligence of Other Employees

If another employee’s negligence caused the accident, the business cannot use that as a defense against the company’s own liability. An experienced legal team could explain how a worker claim against AutoZone would work.

Proving that AutoZone Was Legally Negligent

Most claims of workplace injuries involve proving that an employer was negligent. To succeed in a claim of negligence against an employer, an injured employee must establish the four elements of legal negligence.

Duty of Care

The injured worker must prove that their employer owed them a duty of care. The existence of a working relationship should be sufficient to prove that this duty was present.

Breach of the Duty of Care

The injured worker must show that the employer breached their duty of care towards the worker. In most cases, the employee would need to show that the employer failed to provide a safe working environment. For instance, an employee could show that the employer provided worn down equipment that they failed to inspect, maintain, repair, or replace as needed.

Injury

The injured worker must establish that the employer’s breach caused their injury. For example, if an employer provided them with worn down equipment, the employee could experience a serious injury when that faulty equipment malfunctioned.

Damages

The employee must show that they experienced actual damages. Showing that an employee injured by faulty equipment experienced a broken bone and had to miss work for several days would be an example of damages.

Our seasoned legal team has extensive experience establishing liability and finding sufficient evidence to build a strong claim.

Get Help Filing for Workers’ Compensation Against AutoZone in Houston

If you are interested in filing an AutoZone workers’ compensation claim in Houston, you will most likely need to file a direct civil claim instead. Hurt workers do not always get the compensation they deserve from AutoZone so you will need to take matters into your own hands.

Get help from Schechter, Shaffer & Harris as soon as possible – call us now!

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