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Filing a Walmart Workers’ Compensation Claim in Houston

After suffering an on-the-job injury, you probably have a lot of questions, and you deserve answers. You might also deserve compensation for your injuries. Unfortunately, the process for collecting that compensation is not always easy.

While many workers who suffer injuries are eligible to collect benefits through a standard workers’ compensation plan, most local Walmart employees must pursue compensation through a Texas non-subscriber plan. A knowledgeable work injury attorney could help guide you through the process of filing a Walmart workers’ compensation claim in Houston.

Many Walmart Stores Opt Out of Traditional Workers’ Compensation Plans

Most states require employers to sign up for standard workers’ compensation plans through the statewide systems. Under these plans, employers provide injured workers with a relatively straightforward way to obtain compensation for their worksite injuries. Instead of having to prove how their employer’s actions resulted in their injury, injured workers must only show that they suffered harm because of their job duties.

However, workers’ compensation plans have some disadvantages. They are more limited in scope and do not generally provide full compensation for a worker’s lost wages. Instead, they compensate for a portion of a worker’s lost wages up to a specific cap.

Texas allows most private employers to opt out of traditional workers’ compensation plans and provide their own self-insurance plans for workers who suffer injuries on the job. Many large employers in the state, like Walmart, chose to be non-subscribers because they have more control over what benefits they offer, and it helps them financially.

Seasoned local attorneys could explain how non-subscriber plans work and advise an injured person on what they need to do.

Filing a Lawsuit After an On-the-Job Walmart Injury

While non-subscriber plans offer injured workers some advantages over traditional workers’ compensation plans, they can also bring several disadvantages to workers. Because employers choose the types of coverages that they offer, the benefits might be more limited in scope. For instance, the non-subscriber plan might only offer benefits for medical bills for a short period of time, or the plan might severely restrict what kinds of injuries receive coverage. Some non-subscriber plans might only specify coverages for acute injuries and leave out plans for workers who suffer chronic illnesses or injuries.

In many cases, the only way for an injured worker to receive what they deserve is to pursue a lawsuit. While employers who subscribe to traditional workers’ compensation plans are exempt from civil suits, injured workers can file claims against employers like Walmart who are non-subscribers. To prevail in a third-party liability suit, an injured worker must prove their employer’s negligence somehow led to their injuries.

Although non-economic damages are generally not available as benefits under standard workers’ comp plans, an injured employee can pursue recovery of things like mental anguish and loss of consortium, in a civil suit.

Contact a Houston Attorney About Filing a Walmart Workers’ Compensation Claim

When you suffer an on-the-job injury or illness, your only worry should be about getting better. You should be able to put all of your energy into receiving the best possible medical care to help you heal. Unfortunately, filing a Walmart workers’ compensation claim in Houston is not always easy. Not every injured worker receives their rightful benefits.

Contact the Schechter Shaffer & Harris team who understands how to fight for you and get you the help you deserve.

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