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Non-Subscriber Work Injuries

Austin Walmart Non-Subscriber Injuries

Advocating for Your Rights as a Walmart Employee

Have you been injured on the job as a Walmart employee? If so, you should understand that Walmart employees in Texas cannot use the typical workers’ compensation program to make injury claims. This is because Walmart is a “non-subscriber” that has elected out of the Texas workers’ compensation program, providing employees with injury compensation according to its own rules and procedures.

To make sure your rights as an injured Walmart employee in Texas are properly respected, you should consult a Walmart non-subscriber injury attorney in Austin for legal advice. At The Daspit Law Firm, we are dedicated to helping you navigate the Walmart injury claims process to help ensure your right to recover a legal remedy for your injuries is not infringed.

For more information about the services we provide, call The Daspit Law Firm at (888) 568-8976 today.

Texas Law Regarding Non-Subscribers

In Texas, workers’ compensation is a no-fault injury compensation program. Thus employees do not have to demonstrate that their employer was at fault in order to receive workers’ compensation benefits.

Under Texas law, employers may opt-out of the state’s workers’ compensation program. Employers who do so are known as “non-subscribers” and can choose not to provide workers’ compensation insurance coverage or otherwise provide alternative coverage plans for their employees. However, non-subscribers still have a duty to afford a safe workplace to employees, including providing them with necessary equipment, supervision, and training.

Walmart is a large multinational corporation with over 11,000 stores and more than 2 million associates. In Texas, Walmart is a non-subscriber and, therefore, is free to decide the type and extent of coverage it provides to injured employees. As a result, it may be necessary to determine whether your injury was the result of negligence on Walmart’s part.

As a non-subscriber, Walmart cannot assert the following defenses to an employee’s injury lawsuit claiming negligence:

  • Assumption of risk
  • Negligence of a fellow employee
  • Contributory negligence
  • Collateral negligence

As a non-subscriber, Walmart is free to establish its own rules and procedures regarding the submission and compensation of claims. Thus, it is vital that you comply with Walmart’s policies for making an injury claim.

At The Daspit Law Firm, we can advise and represent you during the complaint process to make sure you have complied with Walmart’s rules and procedures for filing an injury complaint.

Specifically, please observe the following process for making an injury claim against Walmart:

  • Immediately report your injury to a supervisor. You may have to report your injury within a certain timeframe to keep your claim alive. Ask your supervisor to give you clear instructions on the reporting and claim filing process.
  • Make a doctor’s appointment. You may need to be assessed by a specific doctor within a certain number of days after your injury. Ask your supervisor about the details of any timeframes, deadlines, and list of approved doctors under Walmart’s claims process.
  • File a claim with Walmart. Please confirm with your supervisor the exact process for filing a claim, noting important deadlines and conditions. Our attorneys can help you conform your claim to this process.

Although Walmart is a nonsubscriber, they may still be liable to compensate you for necessary medical expenses and lost wages. However, because nonsubscriber policies may or may not provide disability or death benefits, it may be necessary for you to seek such compensation through a personal injury lawsuit.

Call The Daspit Law Firm to Consult Our Walmart Non-Subscriber Injury Attorneys in Austin

If you have been injured on the job as a Walmart employee, you should see the legal advice and representation of an Austin Walmart non-subscriber injury attorney from The Daspit Law Firm. Our legal team has experience with non-subscriber injury claims between Walmart and its employees. We are dedicated to helping you recover the maximum compensation from Walmart for your workplace injury.

Call The Daspit Law Firm at (888) 568-8976 or contact us online to schedule a free consultation about your case today.

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