There are several big box retailers who employ thousands of workers across the state of Virginia. Fulfilling roles at retail stores and distribution centers alike, employees at big box retailers such as Wal-Mart, Target, and Amazon face the possibility of an on-the-job injury. If you or someone you know is employed by a big box retailer and has been injured on the job, know there are workers compensation laws protecting your rights to fair compensation.
Which Big Box Retail Workers Can Claim Workers’ Compensation?
When it comes to workers’ compensation law in Virginia, an employee is broadly defined and includes part-time, seasonal and temporary workers, minors, trainees, immigrants and working family members. Along with full-time employees, part-time and seasonal workers are covered by workers’ compensation in Virginia. Don’t think that because you are hired temporarily or seasonally that your on the job injury doesn’t qualify for workers’ compensation, because more likely than not – it does. Workers’ comp insurance is required by law for nearly all employers and those hiring seasonal workers are no exception. If you’re a part-time or seasonal employee and you’re injured due to an accident at work, you are entitled to the same types of benefits available to full-time employees. Make sure you follow the same steps: tell your employer, tell a doctor, then call HammondTownsend.
Big Box Employee Injury-Prone Jobs
Whether it’s ringing up customers at the store or moving product in the warehouse, big box retail workers have high potential for on-the-job injuries. Retail work is characterized by long hours—often spent standing—and repetitive motion tasks. These conditions can lead to overexertion and a variety of common injuries among big box retail employees who work at the store, the distribution center, or the warehouse.
According to the US Bureau of Labor Statistics, 400,000 retail workers reported an on-the-job injury or illness in 2022, second only to the healthcare and social assistance industry.
Common Retail Worker Injuries:
- Musculoskeletal Injuries: Injuries caused by lifting heavy or bulky items without proper techniques, musculoskeletal injuries potentially cause harm to the back, shoulders, arms, and hands.
- Bruises, Fractures, and Broken Bones: Slips, trips, and falls are leading causes of injury in retail settings. These incidents can result in anything from moderate bruises to severe fractures and broken bones.
- Scrapes and Cuts: Retail users regularly use sharp tools such as knives or scissors for tasks like opening boxes and cutting tags which increases the risk of minor to severe cuts.
- Leg Cramps and Backaches: Prolonged periods of standing, particularly at cash registers, can lead to muscle fatigue and overexertion, resulting in leg cramps and backaches.
- Repetitive Strain Injuries: The repetitive nature of many retail tasks can cause significant strain on specific body parts. These repetitive strain injuries can lead to conditions like carpal tunnel syndrome and tendonitis. In order to get carpal tunnel covered under workers’ compensation in the state of Virginia, you have to prove that the injury is 100% due to what you’re doing at work and couldn’t possibly be from something you do off the clock. Unfortunately, Virginia is the only state in the Union where repetitive and gradually incurred injuries (such as carpal tunnel) are not compensable
Common Retail Warehouse Worker Injuries:
Common warehouse injuries include accidents involving forklifts, falling objects, and loading dock injuries. Sprains and strains, in particular to the back, as well as slips and falls are other common work-related injuries that warehouse employees may face.
Beware The Big Box Retailer Workers’ Comp Insurance
The Virginia Workers’ Compensation Act requires employers to maintain workers’ compensation insurance. The workers’ comp insurance companies – not employers – almost invariably exercise total control over the claims of injured workers. These companies DO NOT have the best interests of injured employees at heart.
For big box stores such as Target and Amazon, they utilize a third-party company, Sedgwick, to manage their workers’ compensation claims process. Hiring a third-party company to manage workers’ compensation claims allows for a streamlined approach to managing legal matters. When you go through the workers’ compensation claims process as an employee of Target or Amazon, know that Sedgwick is operating with the employer, not the employees’ best interest in mind.
Wal-Mart and it’s entities utilize a third-party for all their workers’ compensation claims. Claims Management Inc is the third party administrator for Wal-Mart, handling all personal injury and workers’ compensation claims filed against the company. As Wal-Mart’s own insurance adjuster, Claims Management Inc manages all aspects of the workers’ compensation claims process. But don’t be fooled. Even though workers’ compensation claims are handled through Claims Management, you are essentially dealing with Wal-Mart. Claims Management Inc (or CMI) works with Wal-Mart’s best interest in mind, not yours.
The fact that big box retailers, such as Target, Wal-Mart, and Amazon hire legal and insurance teams specializing in workers’ compensation claims highlights the complicated nature of the workers’ compensation process. If you or a loved one has been injured on the job while working for a big box retailer, don’t go it alone. Hire an experienced, specialized workers’ compensation lawyer to help you earn all the benefits you deserve.
What To Do If You Are A Big Box Worker Hurt On The Job
If you are a big box retail worker who has been injured on the job, make sure you get every penny you are entitled to. Don’t rely on what your employer’s insurance company tells you – they work for your employer. You need a specialized workers’ compensation lawyer who is working for YOU!
The lawyers at HammondTownsend are well-versed in fighting for the rights of injured workers. They know the ins and outs of workers’ compensation law in Virginia and have gone toe-to-toe with big box retailers. With a reputation of being tenacious for earning benefits injured workers are owed, the HammondTownsend team can walk through the workers’ compensation process with you every step of the way.