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Filing a Kohl’s Workers’ Compensation Claim in Houston

Like many employers in Texas, Kohl’s is not required to subscribe to the Workers’ Compensation program. That means if you are injured as a Kohl’s employee, you might have to rely on the store’s insurance plan. But you may have other options that can provide additional compensation.

Contact a local work injury attorney as soon as possible after an incident. They can assist you in filing a Kohl’s Workers’ Compensation claim in Houston and explore other legal options that might be available to you.

How Kohl’s Handles Employee Injuries

Texas does not require employers to subscribe to the Workers’ Compensation program. Kohl’s is a non-subscriber, which means that it does not participate in that plan, and instead, self-insures against employee injuries. That gives the company complete control over the benefits the employee receives and how long they receive them.

Injuries to employees could occur at a retail store or warehouse. Common hazards affecting Kohl’s workers include:

  • Vehicle accidents in the parking lot
  • Slippery floors
  • Heavy equipment
  • Contaminated air
  • Exposure to viruses like COVID
  • Non-ergonomic workstations
  • Violent coworkers or customers
  • Merchandise falling from shelves
  • Exposure to hazardous substances

Workers also could face injury due to fires, roof collapses, and other disasters. Employees could receive partial wages if their injury prevents them from working and they might receive medical treatment, but obtaining these limited benefits can be challenging. If an injured worker is having trouble accessing their benefits and HR is not helpful, contacting a Houston attorney is wise. A legal professional also could help the worker explore other means of obtaining compensation for their injuries.

Suing Kohls for Negligence

Because Kohl’s does not subscribe to the Workers’ Compensation program, it is not immune from worker lawsuits. When there is evidence that employer negligence caused the worker’s injury, the worker could sue the employer for damages.

Proving negligence requires a Houston attorney to demonstrate that the company did not take reasonable care to prevent a worker injury. Showing negligence depends on how the injury happened. Perhaps it was due to the company’s poor supervision of another employee, inadequate training, dim lighting in a stairwell, shoddy equipment maintenance, or some other cause.

Compensation could include full coverage of medical expenses, lost wages, and the value of any paid time off the worker took while recovering. A worker also could receive payment in acknowledgement of their pain and suffering.

Possible Third-Party Lawsuit

Situations created by third parties often lead to employee injuries. An injured worker could file a claim for damages against the third party in these cases.

There are many circumstances in which a third party could be liable for a worker’s injury. For example, if an electrical contractor is doing work in a Kohl’s facility and they trip over a cord, the contractor is responsible for compensating the worker. When a customer drives into an employee in the parking lot, the customer is liable. If a machine malfunctions in a warehouse and an employee suffers an injury, the manufacturer could be responsible for compensating the employee.

Third parties might assert that the employee’s actions caused the situation that led to the accident. If they can prove the employee was primarily responsible for the incident that caused the injury, Texas Civil Practice and Remedies Code § 33.001 prevents the worker from collecting compensation. When a worker might be partially to blame for an accident, a Houston attorney could compile and present evidence showing that their actions were less impactful than the third party’s in causing the incident.

Contact a Houston Attorney When Need to File a Workers’ Compensation Claim Against Kohl’s

Getting appropriate compensation can be challenging when you work for a non-subscribing employer like Kohl’s. Do not settle for less than you deserve.

Filing a Kohl’s workers compensation claim in Houston might provide you with some benefits, but you will still be out-of-pocket for some costs. A local personal injury attorney could investigate whether grounds exist to bring a lawsuit against Kohl’s, a third party, or both. If so, you could receive payment for all your injury-related losses. Call today to learn more.

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