Walmart is one of the world’s largest employers with approximately 1.5 million employees in the United States alone and over 4,700 stores. With that many people on their payroll, handling employee injuries should not be a complicated process.
Each state has different regulations for on-the-job injury compensation. If you are seeking Walmart workers’ compensation in Minnesota, you will need to know a little more about what is available to you and how to get it.
The Minnesota workers’ compensation lawyers at Arechigo & Stokka go over the ins and outs of Walmart workers’ compensation. If you have questions, please contact us today.
Injured While Working at Walmart
There are countless career opportunities at Walmart, and though the company tries to maintain a consistent level of professionalism and safety, anyone who has ever shopped at Walmart understands that there are variances.
Federal and state occupational safety requirements must be met, but injuries and illnesses can occur even in the best of circumstances and to any employee at the store.
Some of the more well-known positions at Walmart include:
- Cart attendant,
- Inventory receiver,
- Salesfloor associate, and
- Department manager.
There are also a number of specialized positions depending on the size of the store, which may include an auto department, food preparation, pharmacy, and more.
Steps to Take If Injured While Working at Walmart
Every situation is unique, but there are several steps you should take following a Walmart workers’ compensation injury.
Seek Medical Attention
The first thing you should do following any accident is to seek medical attention for any injuries.
Depending on the severity of your injuries, this may mean calling 911 for emergency care or visiting your primary care doctor.
It is always essential to have any injuries treated and documented. It is common for injuries to appear minor at first and manifest into worse conditions later.
Report the Injury to Your Employer
The second step after a work-related injury at Walmart is to report it to your supervisor. Failing to report your injury could bar you from receiving workers’ compensation benefits.
Your employer will require you to complete a First Report of Injury (FROI) to document what transpired.
Contact a Minnesota Workers’ Compensation Attorney
After any work accident, especially one that results in injury, it is crucial to seek the advice of an experienced workers’ compensation lawyer.
Even if you believe your injuries are minor, you may be entitled to compensation and benefits.
A knowledgeable attorney will discuss your options so that you can make the most informed choice regarding filing a claim.
No matter where you are in the claim process, we can help.
Whether you were recently injured or are already in the thick of the claim application process, the Walmart workers’ comp attorneys at Arechigo & Stokka are ready to help you.
Types of Walmart Workers’ Compensation Injuries
You do not have to have a tragic accident in order to be eligible for Walmart workers’ compensation. Substantial injuries are certainly covered.
In general, Minnesota workers’ compensation covers any injury or illness sustained during the course of employment.
Injuries that occur over time due to repetitive motion may be eligible for compensation. These could include back injuries, carpal tunnel, and others.
What Does Walmart Workers’ Compensation Cover?
Workers’ compensation is mandatory insurance that an employer must carry to cover their employees’ injuries. This coverage includes all economic damages so that you are not paying financially for your injuries.
The amount you are eligible to receive depends on the extent of your injuries. There are four different categories of workers’ compensation benefits.
Temporary Total Disability
To receive Walmart workers’ compensation for temporary total disability, your injury must prevent you from returning to work for a certain period of time, though you are expected to recover.
Temporary total disability compensation allows you to receive two-thirds of your average weekly wage. This weekly wage cannot exceed the current statewide average weekly wage and cannot extend past 130 days.
Temporary Partial Disability
You are still eligible for workers’ compensation, even if you can only return to work part-time while you recover.
Temporary partial disability benefits include two-thirds of the difference between your current earnings and what you would receive if you were working at full capacity.
These benefits are available for a maximum of 275 weeks in Minnesota for injuries occurring after October 2018.
Prior to that, temporary partial disability benefits were available for a maximum of 225 weeks.
Permanent Partial Disability
A person who is permanently disabled may still be able to work in some capacity. This is most often the case when the injury involves loss of function of a body part.
The amount of compensation depends on the severity of the injury and its impact on your ability to work.
Permanent Total Disability
Walmart workers’ compensation for an employee who can no longer maintain gainful employment is two-thirds of their weekly wage. This amount is capped at the state’s average weekly wage.
Workers’ Compensation Lawsuit Against Walmart
Generally, filing a Walmart workers’ compensation claim will bar you from filing a lawsuit. The benefit is that workers’ compensation is available regardless of fault.
However, if you feel like your employer acted with malice or gross negligence, you may opt to file a lawsuit rather than a workers’ compensation claim.
You may also pursue litigation if your Walmart workers’ compensation claim is unfairly denied.
There are several ways an experienced workers’ compensation attorney can help you with your claim to make sure you get what you deserve.
- Filing and monitoring your claim;
- Determining fair compensation for your injuries;
- Negotiating with insurance companies;
- Handling an appeal of denied benefits; or
- Pursuing litigation if necessary.
Contact a Minnesota Workers’ Compensation Lawyer Today
Injuries are unique and personal. The experienced team at Arechigo & Stokka understands that there is no one-size-fits-all approach to workers’ compensation.
With decades of experience and hundreds of cases, Arechigo & Stokka offer direct and personal representation for each client.
Schedule a free consultation today.
Do I Need a Lawyer to File a Walmart Workers’ Compensation Claim?
While there is no legal requirement that you hire an attorney to file a workers’ compensation claim against Walmart in Minnesota, we strongly recommend that you do.
Workers’ comp is a specialized area of law with specific requirements and procedures.
Having a skilled workers’ comp attorney on your side can streamline the process, saving you time and money in the long run.
At Arechigo & Stokka, we are dedicated to helping injured Walmart employees.
How Long Do I Have to File a Workers’ Comp Claim Against Walmart?
It is imperative to understand that you do not have unlimited time to file for Walmart workers’ comp benefits in Minnesota.
If a First Report of Injury has been filed, then you will have three years from the date of injury to bring a claim.
If you fail to bring a workers’ comp claim within three years, you will be barred from pursuing a claim.
Can I Go Back to Work at Walmart After My Injury?
The extent of your workplace injury and disability will determine if you can return to work.
Under certain circumstances, you may not be able to work at all following your injury.
In other situations, you may be able to return to work at total capacity. What often happens is that injured workers can return to work with accommodations.
However, under Minnesota law, there is no absolute right to work accommodations. The employer is required only to make reasonable efforts.
Having no absolute right to accommodations is another reason why it is crucial to have a workers’ compensation attorney advocating for you.
Josh has been representing injured workers for over 10 years. Josh was born and raised in Fargo, North Dakota, and attended the University of Minnesota-Duluth where he earned a Bachelor of Arts Degree in Criminology. Mr. Stokka alson received his law degree from the Hamline University School of Law. During law school, Josh clerked at a Minnesota law firm specializing in personal injury and workers’ compensation. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result. Now, he focuses 100% of his practice on defending injured workers in Minnesota.