Texas Walmart Work Injury Lawyer – Associate Compensation Plan
The Walmart, Inc. Texas Injury Care Benefit Plan provides a number of benefits to injured Walmart associates, who receive their injury while working for Walmart or an associated entity in Texas. These benefits are in addition to any compensation received in an arbitration proceeding brought by an attorney against Walmart, although some benefits could be offset at the conclusion of such proceeding.
Walmart’s claim administrator can terminate or suspend payment of Texas work injury benefits under its plan if you violate one or more of specific provisions set forth in the summary plan description. Unless Walmart’s claim administrator determines that there is good cause, a first violation will result in a written warning, while a second violation will result in a termination of your benefits under the work injury plan. Some of the things that can occur that would result potentially in termination of your benefits would be your refusal to submit to alcohol and/or drug testing, your ongoing use of non-Walmart-approved healthcare providers with respect to your injury, your not receiving prior approval for all of your medical care, your failing to keep a scheduled appointment with a Walmart-approved medical provider, and your refusal to submit to what Walmart refers to as an “independent medical examination” by a Walmart-approved physician. You should be very careful not to violate any of the provisions of the plan if you want to receive compensation under it.
Despite Walmart’s work injury plan, or the work injury plan of any other employer in Texas who chooses not to obtain Workers’ Compensation coverage, compensation can be obtained in an arbitration proceeding and/or a lawsuit, which is at times not provided under such work injury plans. Such compensation can include loss of earning capacity, physical pain and suffering, mental anguish, and physical impairment. These damages can be provided by an arbitrator, in an arbitration case, or a jury, in any lawsuit. As of the time we draft this post, it is our understanding that Walmart has an arbitration agreement requiring all Texas injured Walmart associates to initiate arbitration for any claim, as opposed to being able to file a lawsuit. Our law firm has significant experience with work injury arbitration cases in Texas.
Walmart’s Texas employee work injury plan has detailed claim procedures. You should read the summary plan description to educate yourself as to the procedures you must follow to obtain any benefits under the plan. The detailed claim procedures define what is a claim, who is a claimant, and moreover provide information you must submit, and how you must submit it.
An initial benefit determination as to whether you will be able to receive benefits under the plan can be communicated to you by Walmart and/or its claim administrator either orally, in writing, or by electronic notice. If you are injured in Texas, as a Walmart employee and/or associate, you should do your level best to comply with the plan and provide quick notice to Walmart of your injury. You should also be truthful in all documents, including any documents regarding how the incident occurred and how and why you were injured.
We have been able to obtain fair compensation for our clients, both through litigation and arbitration, when they were injured at work in Texas. Texas employers who have chosen not to obtain Workers’ Compensation coverage waive certain defenses to such lawsuits and arbitration proceedings. You should contact a work injury attorney if you choose to obtain damages which are not paid by the plan, or if you are not satisfied with any treatment you receive after a work injury.
Dean Malone
Dean Malone