El Paso Non-Subscriber Walmart Injuries

Representing the Legal Rights of Injured Walmart Employees

As one of the largest retail businesses in the United States—and the world—Walmart is responsible for the welfare of hundreds of thousands of employees. Accordingly, the rights of Walmart employees are primarily governed by specific state laws that are unique to the state in which a claim against Walmart has been filed.

Texas is one of the few states where workplace injury claims are not necessarily subject to the state’s workers’ compensation system. Employers who have elected not to provide workers’ compensation insurance coverage are known as “non-subscribers.”

At The Daspit Law Firm, our team of dedicated non-subscriber Walmart injury attorneys in El Paso has the experience and sophisticated understanding of Texas laws governing injury claims against non-subscribers like Walmart. We are committed to advocating for your legal rights as an employee injured as a result of Walmart’s policies and conduct.

For more information about the legal services offered at The Daspit Law Firm, call us at (832) 687-2942 today.

Walmart Non-Subscriber Injuries in Texas

In most jurisdictions, employers are required to provide workers’ compensation insurance to cover the workplace injury claims of their employees. However, Texas law allows employers to elect not to participate in the state workers’ compensation program. Instead, employers can develop their own policies regarding the compensation of injuries sustained by their workers.

Employers that opt-out of the workers’ compensation program are known as “non-subscribers.” Walmart is among those employers who are non-subscribers, choosing to handle injury claims according to its own process.

However, the status of Walmart as a non-subscriber does not imply that employees are not entitled to compensation for their work-related injuries. Under Texas law, employers still have a duty to provide their workers with a safe work environment.

As a result, Texas’ law on negligence governs non-subscriber issues, for the most part. However, there are some important exceptions regarding negligence claims against non-subscribers such as Walmart.

Under Texas law, non-subscribers like Walmart are barred from asserting the following negligence defenses against employee injury claims:

• Assumption of risk: Ordinarily, defendants in negligence lawsuits can assert that the plaintiff assumed the risk of engaging in the activity that caused their injury. However, non-subscribers may not use the assumption of risk doctrine as a defense against employee injury claims.
• Fellow employee negligence: Texas law bars non-subscribers like Walmart from shifting fault for an employee’s injury to another employee who may have acted negligently.
• Contributory negligence: If an injured employee’s own negligence contributed to the accident that produced their injury, Walmart cannot use this fact as a defense to their own liability for such an injury.

As a Walmart employee in Texas, it is critical for you to observe the following process when making an injury claim:

• Claim Reporting: As a non-subscriber, Walmart may have its own policy regarding the reporting of injury claims. As a result, one should immediately report an injury to their supervisor to ensure they comply with Walmart’s injury reporting policy.
• Medical Treatment: Ordinarily, a workers’ compensation injury is treated by specific physicians that are approved by workers’ compensation insurance provider. Non-subscribers like Walmart may have their own list of approved physicians for the treatment of injuries employees sustain on the job.
• Claim Processing: Non-subscribers such as Walmart may have their own deadlines for their injury claims process. One should request clear instructions from their supervisor regarding the deadlines regarding the reporting, medical treatment, application, and appeals process for Walmart injury claims.
• Compensation: As a non-subscriber, Walmart probably compensates injured employees for necessary medical costs and lost wages related to a workplace injury. However, non-subscribers do not have to provide disability and death benefits. To understand your rights regarding such benefits, please consult one of our experienced personal injury attorneys.

The Daspit Law Firm’s Walmart Non-Subscriber Injury Lawyers Can Help You

If you’ve been injured during the course and scope of your employment with Walmart in El Paso, your right to receive compensation for the losses that arose from such an injury is subject to Texas law regarding non-subscribers. At The Daspit Law Firm, you can count on our legal team to provide you with quality legal advice and advocacy concerning your injury claim against Walmart as an employee.

For a free case evaluation exploring your legal rights and options, call The Daspit Law Firm at (832) 687-2942 or complete our online request form today.

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