Wal-Mart and Workers Compensation Claims in Virginia
We all know who Wal-Mart is. With more than 4,500 stores in the United States, Wal-Mart is the world’s largest company by revenue and the largest private employer in the world with over 2 million employees. It is also the largest grocery retailer in the United States, with thousands of grocery store employees. As you may expect, Wal-Mart is no stranger to the workers compensation system in Virginia.
Wal-Mart Work Injury Claims
This article is about workers compensation claims against Wal-Mart from a Virginia workplace accident lawyer’s perspective. Wal-Mart is a big employer and a big defendant. It not only has retail stores across Virginia, which are called Wal-Mart Supercenters, Wal-Mart Discount Stores, or Wal-Mart Neighborhood Markets depending on their size, but also Wal-Mart distribution centers in Petersburg, Gordonsville, Williamsburg, and Henderson, NC.
Filing a workers compensation claim against Wal-Mart is similar to filing a claim against other employers and insurance carriers. But there are some differences because of Wal-Mart’s size, resources, and ability to find light duty work for its injured employees. Just like it’s known for being aggressive with suppliers and competitors, Wal-Mart can be aggressive in defending workers comp claims. And when they’re approach is successful it’s you – the injured worker – who is denied justice.
How Wal-Mart Handles Workers Comp Claims in Virginia
Claims Management, Inc., called CMI for short, is the third party administrator (TPA) for Wal-Mart. CMI handles all personal injury and workers compensation claims filed against Wal-Mart.
As Wal-Mart’s own insurance adjuster, Claims Management processes and investigates claims, tries to get recorded statements from injured employees, contacts treating physicians to try to get opinion statements, and does whatever is necessary to manage and track the claim against Wal-Mart. Though Claims Management is a separate company, you are essentially dealing with Wal-Mart when you deal with Claims Management.
Claims Management may refer your workers compensation claim to a defense attorney if litigation is required. Many Virginia workers comp claims against Wal-Mart are defended by a group of workers compensation attorneys in Roanoke, VA.
Common Work Accidents and Injuries Suffered by Wal-Mart Workers
Wal-Mart stores often consist of general merchandise, a full-service supermarket with bakery and deli sections, a garden center, a pet shop, a pharmacy, a Tire & Lube Express providing auto mechanic services, an optical center, a photo processing lab, a portrait studio, a restaurant, and many other sections. As a result there are hundreds of different positions at each store, including:
- Cart attendant
- Delivery Driver
- Forklift Driver
- Inventory Receiver
- Sales Floor Associate
- Warehouse worker
Those each of these jobs have different job descriptions, many of them are physically demanding and require the employee to spend a lot of time on his or her feet.
Because of these physical demands, you may suffer the following workplace injuries as a Wal-Mart employee:
- Ankle injury
- Back injury
- Carpal tunnel syndrome
- Knee injury
- Neck injury
- Shoulder injury
- Slip and fall
No matter your job, you may be at an increased risk of injury as a Wal-Mart employee. Physically demanding working, including lifting and repetitive movement, puts you at risk of injury to your joints and spinal cord.
What to Do if You’re Injured While Working at Wal-Mart
If you’re a Walmart employee who gets hurt on the job, then do the following:
1, Seek immediate medical attention
2. Report the accident and all your injuries to your supervisor, in writing
3. Contact Corey Pollard before giving a recorded statement
Workers Compensation Benefits for Wal-Mart Workers Hurt on the Job in Virginia
- Temporary total disability payments when the injured Wal-Mart worker has wage loss because his or her treating physician has given work restrictions that prevent returning to pre-injury employment.
- Temporary partial disability payments when Wal-Mart provides a light duty job that pays less or offers fewer hours than the injured Wal-Mart worker’s pre-injury job. In our experience Wal-Mart will offer light duty work to an injured employee for anywhere from thirty days to ninety days. If you remain restricted to light duty after 90 days then Wal-Mart may ask you to take a leave of absence under the Family Medical and Leave Act (FMLA).
- Permanent partial disability benefits for loss of the injured body part if you suffer an amputation injury or loss of use of the injured body part if you have permanent restrictions. You can receive these benefits even if you return to work for Wal-Mart or another employer.
- Lump sum workers compensation settlements for injured Wal-Mart employees hat provide enough compensation to cover multiple years of wage loss benefits and future medical care.
- Lifetime medical benefits for all treatment that is reasonable, necessary, authorized, and related to the Wal-Mart work accident.
- Vocational rehabilitation, including retraining and job coaching, for injured Wal-Mart employees trying to get back into the labor force.
If you lost a loved one or family member in a fatal workplace accident at Wal-Mart, you may be entitled to death benefits under the Virginia Workers’ Compensation Act.
Social Security Disability for Injured Wal-Mart Employees
We can also help you get approved for Social Security Disability Insurance (SSDI) benefits if your Wal-Mart work injury causes limitations and restrictions that prevent you from returning to your pre-injury employment. As a Richmond disability lawyer and Charlottesville SSD attorney, Corey Pollard is here to help you get every benefit you deserve. All you have to do is call, text, or email us.
Sample Wal-Mart Workers Compensation Settlements in Virginia
- We obtained medical coverage and a lump sum settlement for an injured Wal-Mart employee who hurt her neck, back, and shoulder when the machine she was operating stopped suddenly, causing her to jerk forward.
- We obtained a lump sum settlement after a workers compensation hearing for an injured Wal-Mart distribution center employee who injured his knee when the machine he was operating malfunctioned.
- We obtained lifetime medical benefits for a Wal-Mart employee who suffered a cervical spine injury when a box fell on her head.
- We obtained a lump sum settlement for a Wal-Mart employee who suffered multiple injuries in a slip and fall accident.
- We obtained a lump sum settlement for a Wal-Mart employee who injured his shoulder after being struck by an object while operating machinery.
We Represent Wal-Mart Workers Hurt on the Job at the Following Locations
Alexandria Walmart #2194
5885 Kingstowne Blvd.
Alexandria Walmart #2258
7910 Richmond Highway
Alexandria Walmart Supercenter #5753
6303 Richmond Highway
Alta Vista Walmart Supercenter #3768
125 Clarion Rd.
Appomattox Walmart Supercenter #4636
505 Oakville Rd
Ashland Walmart Supercenter #2795
145 Hill Carter Pkwy
Ashland Neighborhood Market #3880
9714 Sliding Hill Rd
Bedford Walmart Supercenter #1399
1126 E Lynchburg Salem Turnpike
Blackstone Walmart Supercenter #2645
1451 South Main St.
Bristol Walmart Supercenter #2089
13245 Lee Hwy
Burke Walmart #5227
6000 Burke Commons Rd
Chantilly Walmart #5969
4368 Chantilly Shopping Center
Charlottesville Walmart Supercenter #1780
975 Hilton Heights Rd
Chesapeake Walmart Supercenter #1841
1521 Sam S Circle
Chesapeake Walmart Supercenter #3644
201 Hillcrest Pkwy
Chesapeake Walmart Supercenter #1682
2448 Chesapeake Sq Ring Rd
Chesapeake Neighborhood Market #3299
475 Kempsville Rd
Chesapeake Walmart Supercenter #5253
632 Grass Field Pky
Chesapeake Neighborhood Market #3330
673 Cedar Rd
Chester Walmart Supercenter #1524
12000 Iron Bridge Rd
Chesterfield Walmart Supercenter #4476
14501 Hancock Village St
Christiansburg Walmart Supercenter #1292
2400 N Franklin St
Colonial Heights Walmart Supercenter #1424
671 Southpark Blvd
Covington Walmart Supercenter #2662
313 W Thacker Rd
Culpeper Walmart Supercenter #2136
801 James Madison Hwy
Danville Walmart Supercenter #1465
515 Mount Cross Rd
Dulles Walmart Supercenter #3639
24635 Dulles Landing Dr
Dumfries Walmart Supercenter #3588
17041 Jefferson Davis Hwy
Emporia Walmart Supercenter #2805
303 Market Dr
Fairfax Walmart #5880
11181 Lee Hwy
Fairfax Walmart Supercenter #2015
13059 Fair Lakes Parkway
Farmville Walmart Supercenter #1486
1800 Peery Dr
Franklin Walmart Supercenter #2705
1500 Armory Dr
Fredericksburg Walmart Supercenter #5343
10001 Southpoint Parkway
Fredericksburg Walmart Supercenter #4258
11 Village Pkwy
Fredericksburg Walmart Supercenter #2520
125 Washington Sq Plaza
Fredericksburg Walmart Supercenter #1833
1800 Carl D Silver Pkwy
Front Royal Walmart Supercenter #5105
10 Riverton Commons Dr
Glen Allen Walmart Supercenter #1523
11400 West Broad St Rd
Gloucester Walmart Supercenter #1759
6819 Waltons Lane
Gordonsville Walmart Supercenter #4682
164 Camp Creek Pkwy
Hampton Walmart Supercenter #1631
1900 Cunningham Dr
Harrisonburg Walmart Supercenter #1726
171 Burgess Rd
Harrionsburg Walmart Supercenter #2807
2160 John Wayland Hwy
Kilmarnock Walmart Supercenter #4350
200 Old Fair Grounds Way
King George Walmart Supercenter #5779
16375 Merchant Lane
Lexington Walmart Supercenter #1335
1233 North Lee Highway
Locust Grove Walmart #5731
2533 Germanna Hwy
Lynchburg Walmart #4697
3227 Old Forest Rd
Lynchburg Walmart Supercenter #1350
3900 Wards Rd
Madison Heights Walmart Supercenter #2565
197 Madison Heights Sq
Manassas Walmart Supercenter #1825
8386 Sudley Road
Manassas Walmart Supercenter #3573
9401 Liberia Ave
Mechanicsville Walmart Supercenter #1525
7430 Bell Creek Rd
Midlothian Walmart Supercenter #2808
12200 Chattanooga Plaza
Midlothian Walmart Supercenter #1969
900 Wal-Mart Way
Newport News Walmart Supercenter #1773
12401 Jefferson Ave
Newport News Walmart Supercenter #4623
6111 Jefferson Ave
Norfolk Walmart Supercenter #1811
1170 North Military Hwy
Norfolk Walmart Supercenter #5488
7530 Tidewater Dr
North Chesterfield Neighborhood Market #7174
5700 Hopkins Rd
North Chesterfield Neighborhood Market #3892
7000 Iron Bridge Rd
Norton Walmart Supercenter #1302
780 Commonwealth Dr.
Pearisburg Walmart Supercenter #2646
Petersburg Walmart Supercenter #2160
3500 South Crater Rd
Portsmouth Walmart Supercenter #3831
1098 Fredrick Blvd
Powhatan Walmart Supercenter #5847
1950 Anderson Hwy
Richmond Walmart Supercenter #3869
1504 North Parham Rd
Richmond Walmart Supercenter #2821
2410 Sheila Ln
Richmond Walmart #4191
6920 Forest Ave
Richmond Walmart Supercenter #2295
7901 Brook Rd
Roanoke Walmart Supercenter #3243
4524 Challenger Ave
Roanoke Walmart Supercenter #2312
4807 Valley View Blvd NW
Roanoke Walmart Supercenter #1301
5350 Clearbrook Village Ln
Rocky Mount Walmart Supercenter #2337
550 Old Franklin Turnpike
Ruckersville Walmart Supercenter #4638
135 Stoneridge Dr
Salem Walmart Supercenter #1309
1841 West Main St.
South Boston Walmart Supercenter #1345
3471 Old Halifax Rd
South Hill Walmart Supercenter #1934
315 Furr St.
Stafford Walmart Supercenter #2438
217 Garrisonville Rd
Staunton Walmart Supercenter #1344
1028 Richmond Ave C
Stuart Walmart Supercenter #3770
19265 Jeb Stuart Hwy
Suffolk Walmart Supercenter #1687
1200 North Main St.
Suffolk Walmart Supercenter #3214
6259 College Dr
Tappahannock Walmart Supercenter #1730
1660 Tappahannock Blvd
Virginia Beach Walmart Supercenter #3216
1149 Nimmo Pkwy
Virginia Beach Walmart Supercenter #2529
2021 Lynnhaven Pkwy
Virginia Beach Walmart Supercenter #1688
657 Phoenix Dr.
Warrenton Walmart #2437
700 James Madison Hwy
Waynesboro Walmart Supercenter #5117
116 Lucy Ln
Williamsburg Walmart Supercenter #3219
731 E Rochambeau Dr
Winchester Walmart Supercenter #1406
2350 So. Pleasant Valley Rd
Winchester Walmart Supercenter #3344
501 Wal-Mart Dr
Woodstock Walmart Supercenter #2647
461 West Reservoir Rd
Yorktown Walmart Supercenter #3265
2601 George Washington Memorial Hwy
Wal-Mart Workers Compensation Claims Issues Across the Nation
In Virginia it is illegal to fire an injured employee who files a workers compensation claim or an employee who agrees to testify on an injured employee’s behalf at a workers comp proceeding. This is true in many other states as well. But Wal-Mart was accused of doing just that in Cox v. Wal-Mart Stores Inc., Case No. 10-35729.
In Cox the 9th Circuit Court of Appeals reversed a district court ruling that had granted summary judgment to Wal-Mart in a case brought by an employee hurt at work in a fall. Cox alleged that Wal-Mart disciplined and fired her after she pursued her rights under Oregon workers compensation laws. Before the work accident Cox had received acceptable performance evaluations. But after invoking her workers comp rights, Wal-Mart disciplined her three times. The appellate panel found that a reasonable jury could find a causal connection between Cox’s assertion of her workers compensation rights and her termination.
In Colorado a U.S. District Court Judge approved an $8 million settlement in Gianzero et al v. Wal-Mart Stores, Inc., Civil Action No. 1:09-cv-00656-REB-BNB (U.S. Dist. Court Colorado). Gianzero was a class action lawsuit where injured employees alleged that Wal-Mart and Claims Management, Inc. conspired to interfere with the medical treatment of injured workers. As in Virginia, employers and insurance carriers are not allowed to interfere with injured workers’ treatment by medically managing the case.
Receive Help with Your Walmart Workers Compensation Case
If you’re a Walmart employee who was hurt on the job in Virginia – either at a retail store, distribution center, or while driving, we can help you with your workers compensation claim. Though we hope that Claims Management, Inc. and Wal-Mart treat you well after your accident, it’s possible that your work injury claim will be denied and you’ll have to file an appeal.
Whatever you do, don’t give up! Contact us today so that we can help you get every penny and all the medical treatment you deserve.