Walmart Texas Associate Work Injury Summary Plan Description and Benefits
The Walmart work injury plan, for Texas Walmart employees and associates, was adopted for the benefit of Texas Walmart Inc. associates and any affiliated employer of Walmart Inc. who participates in the plan. The plan includes a summary plan description, which was written to help employees understand their benefits. The Walmart work injury plan contains a notice to employees regarding workers’ compensation and coverage. It indicates that Walmart Inc. and its participating employers do not have worker’s compensation insurance coverage. Therefore, as an employee of a non-covered employer, a Walmart employee/associate in Texas is not eligible to receive workers’ compensation benefits under the Texas Workers’ Compensation Act. However, since Walmart Inc. is a non-covered, or non-subscribing, employer, it can make other benefits available to injured employees.
Aside from Walmart’s work injury document, our Texas work accident law firm has found that many such documents do not provide full damages available to injured employees that would be available under Texas law. For example, such policies may not provide compensation for pain and suffering, mental anguish, physical impairment, and or loss of earning capacity. Generally, if an employee wants to attempt to obtain compensation for such issues arising from a work injury, he or she would have to file a lawsuit or, in the case of Walmart and other employers with arbitration agreements in their work injury plans, an arbitration proceeding. Our law firm has handled work injury cases both in lawsuits through traditional courts and in arbitration.
The Walmart notice to employees concerning workers’ compensation in Texas also contains a safety violations hotline phone number. The notice indicates that employers are prohibited by law from suspending, terminating, or discriminating against any employee because he or she in good faith reports an alleged occupational health or safety violation. However, this may or may not apply in the case of a non-subscribing employer. Regardless, that phone number is 800-452-9595.
Walmart’s work injury plan description references a safety program. Walmart indicates that its success largely depends on its employees following all safety rules and procedures and immediately notifying a supervisor first of any unsafe working condition, safety violation, or on-the-job injury. It also says that a Walmart associate will not be suspended, terminated, or discriminated against because he or she in good faith reports an unsafe working condition, on-the-job injury, or potential occupational health or safety violation.
Walmart’s injury plan indicates that a Walmart employee in Texas automatically becomes a participant of the plan if the person is an associate of the employer, the person’s employment with the employer is principally located in Texas, and the employee receives his or her pay by means of a salary, wage, or commission directly from an employer and for whom the employer files a form W-2 with the Internal Revenue Service. The plan does not include a leased employee from any trade or business not owned or related to the company, temporary staffing employee, or independent contractor or third-party agent.
Aside from what is in the plan description, it is very important to understand that you, if you are injured in the course of your employment, only have a certain amount of time to assert claims. In Texas, there is there is generally a two-year limitations period. However, we have seen arbitration agreements that shorten that period to as little as six months. Unfortunately, Texas law may uphold such agreements. It is therefore important that you quickly determine your legal rights if you are injured at work in Texas. You can then make an informed decision as to whether to accept whatever the company is offering or instead to file a lawsuit or arbitration proceeding through a work injury lawyer.
Dean Malone
Dean Malone