Walmart Associate Texas Work Injury – Benefits and Arbitration
The Texas Walmart Associate Work Injury Plan, which covers some Texas employees injured at work while employed by Walmart and potentially other associated entities, perhaps Sam’s Wholesale, provides some wage replacement benefits. The Walmart Injury Plan document indicates that, for total disability, wage replacement benefits begin the full calendar day that you become totally disabled due to a Walmart work accident. Due to a covered injury the plan will pay a percentage of your typical wages.
For partial disability, the Walmart Work Injury Plan document for Texas employees indicates that you will receive compensation from the first full calendar day you became partially disabled. Once again, you will only receive a portion of your pre-injury pay that you’re unable to earn, as long as a Walmart-approved physician has placed you on restrictions, while you are working temporary alternative duty. There are additional factors that Walmart, its approved physicians, and its plan administrator might consider regarding your temporary alternative duty and/or qualification to receive such work injury benefits. Any wage replacement benefits would be calculated on a weekly basis, and paid on your regular pay days. Further, Walmart will reduce any wage replacement benefits as described in another section of the Texas Walmart Associate Work Injury Booklet.
Regardless of what Walmart or any other non-subscribing employer to Texas Workers’ Compensation provides, pursuant to an injury plan, the law in Texas allows injured employees, if they succeed in an arbitration proceeding or a lawsuit, to obtain not only lost wages, but loss of earning capacity. Further, most work injury plans for Texas employers without Workers’ Compensation coverage do not provide what the law provides – compensation for loss of earning capacity, mental anguish, physical pain and suffering, and loss of physical abilities that you had before, known as physical impairment. If you believe that you have suffered any of these damages, you should contact a Texas work injury attorney for a consultation.
According to Walmart’s plan document for Texas injured workers and associates, wage replacement benefits continue until the earliest of 156 weeks from the date of injury, the date you were certified by a treating approved physician to no longer be disabled, the date the maximum benefit limit is met, termination of your employment under certain circumstances, the date you were placed in jail or deported or detained at the request of any governmental agency or foreign government, the date you reach maximum rehabilitative capacity, or otherwise as provided in the plan document. Therefore, as you can see, there are a number of ways that your benefits, if any, can be terminated by Walmart and/or its plan administrator.
Walmart’s Work Injury Plan also provides death benefits to your beneficiary in an amount of $250,000. Walmart will pay 20% of that amount as a lump sum cash payment as soon as administratively possible after your death and determination of the proper beneficiary, and the beneficiary will be paid the remainder of the $250,000 in 35 equal monthly installments. Regardless of this payment, under Texas law, in an arbitration proceeding or lawsuit, certain person(s) may be entitled to obtain compensation as a result of a work injury death in Texas.
Walmart provides for injured associates in Texas, who suffer an injury as a result of a covered accident at work, certain dismemberment benefits. If you suffer dismemberment in a certain way, as determined by Walmart’s plan, you can receive certain financial benefits. The maximum amount that Walmart will pay, without arbitration or litigation, is $250,000 for “dismemberment.” This amount would only be paid if you lose both hands, both feet, sight in both eyes, one hand and one foot, one hand and sight of one eye, one foot and sight of one eye, and/or speech and hearing. The amount is reduced to $125,000 if you lose one hand, one foot, sight of one eye, speech, or hearing. If you lose a finger or toe (two joints) you will only be paid $25,000. If you lose a finger or a toe (one joint) you will only be paid $12,500. Once again, these are just voluntary amounts that Walmart is willing to pay under certain circumstances. A good Texas work injury lawyer can advise you as to other potential categories of damages available under Texas law. You might obtain such damages after filing an arbitration proceeding.
Dean Malone
Dean Malone