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Non-Subscriber Walmart Injuries in West Texas

Providing Legal Representation for Injured Walmart Employees

Walmart is one of the largest retailers and employers in the world, with over 5,000 retail locations in the United States alone and more than 200,000 employees. As an employer, Walmart is typically required to get workers’ compensation insurance to cover injury claims from their workers. However, not all states require employers to offer workers’ compensation insurance benefits.

In Texas, employers can opt-out of the state workers’ compensation program and provide their own policies and methods of compensating employees for injuries they sustain on the job. Walmart is one of the companies that has elected to provide their own injury compensation process. Thus if you’ve suffered a workplace injury as a Walmart employee, it is in your best interest to understand your rights and responsibilities under their injury policies.

At The Daspit Law Firm, our West Texas Walmart non-subscriber injury lawyers are dedicated to providing you with quality legal representation to help you recover a remedy for injuries you received as a Walmart employee. We offer individualized legal solutions based on the specific circumstances of your case.

Call The Daspit Law Firm at (888) 273-1045 to learn more about your legal rights today.

Texas Law and Non-Subscribers

Typically, employers have workers’ compensation insurance to cover workplace injury claims from their employees. Most states require employers to purchase workers’ compensation insurance, which provides employees with no-fault compensation for their work-related injuries. “No-fault” compensation means that employees are not required to prove that their employers were at fault for causing their injuries.

Unfortunately, Texas does not require employers to get workers’ compensation insurance. Instead, employers can elect to provide their own rules and policies for compensating employees for their workplace injury claims. An employer who opts out of Texas’ workers’ compensation program is known as a “non-subscriber.”

Walmart is a non-subscriber and, therefore, has its own policy regarding the reporting and filing of employee injury claims. As a result, it is essential for injured Walmart employees to pay attention and try their best to conform to the procedures under Walmart’s workplace injury policies.

Walmart’s non-subscriber status does not necessarily mean that employees do not have a remedy for injuries they sustained on the job.

Here are some critical facts about Walmart’s non-subscriber status in Texas:

  • Distinct claims process: As a non-subscriber, Walmart is free to establish its own policy regarding the reporting and processing of employee injury claims. Thus, you should immediately report workplace accidents to your supervisor. Also, please request clear directions regarding important deadlines and procedures for making an injury claim, such as accident reporting deadlines and a list of approved physicians.
  • Compensation benefits: You may be entitled to compensation for any necessary medical treatment you underwent regarding your workplace injury, as well as lost wages. However, you may not be entitled to recover disability or death benefits. Instead, you may need to retain an attorney to make a personal injury claim to recover such benefits.
  • Fellow employee defense: As a non-subscriber, Walmart is not entitled to certain negligence defenses. Texas law prohibits non-subscribers from using the “fellow employee defense” against workplace injury claims to shift fault to the negligent conduct of a fellow employee.
  • Assumption of risk: Non-subscribers like Walmart are also precluded from asserting the “assumption of risk” defense, which absolves them of liability for workplace injuries if they can show that the employee knowingly assumed responsibility for engaging in a risky activity.
  • Liability waivers: As a non-subscriber, Walmart cannot form an agreement with employees requiring them to waive Walmart’s liability for future injuries.
  • Arbitration: Although Walmart cannot enforce pre-injury liability waivers against the employees, it may require employees to submit their injury claims to binding arbitration. This means that employees may have to litigate their claims outside of the courtroom through a private arbitration process.

Contact a West Texas Non-Subscriber Walmart Injury Attorney Today

Although Walmart does not subscribe to Texas’ workers’ compensation program, this does not mean that Walmart employees are without legal rights and protections regarding injuries they suffer on the job. To better understand the nature and extent of your legal rights as an injured Walmart employee, you should reach out to a West Texas Walmart non-subscriber injury lawyer about your case. At The Daspit Law Firm, we are dedicated to helping you understand Walmart’s injury policies and guiding you through the injury claims process.

For a comprehensive understanding of your rights and responsibilities regarding your injury claim against Walmart, please call The Daspit Law Firm at (888) 273-1045 or contact our office online today.

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