What rights do injured workers have?
Workers’ compensation covers most Walmart employees who get hurt at work in North or South Carolina. The primary guidelines for who has a right to file a claim are that you must be employed and sustain the injury in the course of performing your duties.
In addition to having the right to file a claim, you also have the right to appeal a claim that gets denied. Making sure that your rights are upheld can get complicated due to the nature of how Walmart handles workers’ comp claims and the tendency for the typical employee to make mistakes along the way.
What to do if you get hurt working at Walmart
Time is of the essence when you get hurt working at Walmart. You are required to report your injury to your employer as soon as possible, and you’ll want to document this by putting your notice in writing and filling out a Walmart employee accident report.
In North Carolina, you have 30 days to report your injury. However, reporting your injury as soon as you are able to do so means that you can start the process of processing your claim faster. You have 2 years to file your claim for workers’ compensation. In North Carolina, this is done by submitting Form 18 to the North Carolina Industrial Commission.
However, the nature of your injuries could extend the timeline. Some injuries take time to fully develop. For instance, repetitive stress injuries could worsen over time.
You may still be able to file your claim if you discover the full extent of your injury beyond the 2-year mark. With this in mind, you’ll still want to remember that having a diagnosis for an occupational injury on a specific date could start the clock.
Once your claim is processed, you’ll typically be offered a settlement. The amount of money that you receive for your injuries depends upon the severity of your health condition, how much time you lost from work, and whether or not you can expect a full recovery.
Some employees receive partial benefits that help to cover a portion of the financial damage that occurred after an injury. Others may receive ongoing benefits that cover long-term health care or coverage for catastrophic injuries.
What are the most common injuries among Walmart employees?
Work-related injuries can range from minor inconveniences that can include simple cuts and scrapes to major health problems that limit your ability to continue working either permanently or for a period of weeks to months.
Walmart reportedly offers special training to its associates to make sure they know how to do tasks safely, such as lifting heavy boxes the correct way to avoid injury. Walmart associates are also called upon to follow the protocols for their role and to report unsafe work conditions they encounter during the course of completing their duties.
The majority of injuries that lead to a workers’ compensation settlement are linked to employees being on their feet for long periods of time while handling products.
Whether you serve in a warehouse or retail center position, you’ll want to be alert for these common injuries:
- Back strains
- Carpal tunnel syndrome
- Sprained ankles and wrist injuries
- Head injuries and brain trauma
- Bursitis
- Knee pain
What can I do if Walmart denies my workers’ comp claim?
Just like all other employees in North Carolina, Walmart employees are entitled to appeal a denied workers’ compensation claim. The same rules apply in a denied claim when the employer is self-insured.
Injured workers need to file Form 33 with the North Carolina Industrial Commission to request a hearing and begin the appeal process.
To increase your chance of success, it’s highly recommended that you seek out the help of an experienced work injury attorney to help you navigate the process.
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