Lowe's Workers’ Compensation Help in Texas
If you are a Lowe's employee who has suffered injuries while on the job here in Texas, you may be wondering what kind of benefits you are entitled to and what the process of receiving those benefits looks like. In this article, we will be addressing those concerns to help you understand how you can get the full amount of workers' compensation benefits you deserve.
If you were hurt while working for Lowe’s and need immediate assistance, call (866) 434-0014) to learn about your rights and legal options related to your workplace injury.
Texas Lowe's Workers’ Compensation: How it Works
Businesses with workers’ compensation follow a state-regulated insurance program that fully covers an injured employee, even if the employee is to blame for the accident. This coverage pays for all medical expenses, two-thirds of an employee’s lost wage, temporary and permanent disability needs, and funeral expenses for an employee’s family. A non-subscriber insurance plan differs from this by putting a cap on the amount and type of expenses covered. Lowe's is a Texas non-subscriber, meaning they have this benefit limit to their compensation plan and abide by a different standard than businesses that have workers’ compensation. When an injury occurs, a Lowe's employee must notify their employer, who will file a Lowe's Workers Compensation claim to cover the injury.
How Do Lowe's Workplace Accidents Happen?
Lowe's is a warehouse that covers over 112,000 square feet with an additional 30,000 square feet in the garden section. Warehouse work is inherently dangerous, and Lowe’s massive space holds things such as lawn furniture, heavy machinery, electrical equipment, home appliances, wooden planks, and more. Receiving adequate safety training and carefully following proper protocols is a requirement in warehouse environments, but it still doesn’t fully eliminate the high risk of danger. Forklift accidents, overexertion situations causing neck or back injuries from lifting heavy items, loading dock accidents, fall injuries, delivery trucks collisions, and slip and trip incidents involving unseen wires, cables, and wet areas within the garden section are some of the most common accidents for Lowe’s employees.
What Kind of Injury Benefits Can I Expect From Lowe's?
The amount of coverage given to an employee is determined by the established insurance plan and its policies regarding injury benefits. Oftentimes, an employee will get compensated by a certain percentage of their wage for the few weeks they are unable to go back to work. Doctor visits, prescriptions, and check-ups are usually covered with workers' compensation as well. Lowe's may also offer to compensate for:
Physical Impairments
Mileage reimbursements for trips to and from hospitals or doctor’s offices
Wheelchairs or any kind of brace
Physical therapy or rehab
Surgeries
If an employee gets injured on the job, they need to establish the severity and complexity of their injury with their employer to receive these kinds of benefits. All medical diagnoses and procedures should also be reported so the employer knows the extent of the injury and how it needs to be taken care of.
Are There Restrictions To Workers’ Comp Benefits?
Non-subscriber employers like Lowe's typically do not offer death or disability benefits after an injury, so an employee or the family of an employee who passed away will need to seek legal representation to obtain these benefits. Non-subscriber plans also have limits to the amount of payment they give employees. Lowe's has a maximum amount of $300,000 for all total benefits following an injury and a maximum amount of 1,000,000 per occurrence. An employee is also not guaranteed to receive their full amount of pay during missed work. Typically, a non-subscriber employer will pay an employee two-thirds of their normal wage amount.
Steps to Take After a Lowe's Work Injury
After a work injury, an employee should immediately take the necessary steps to file a work injury claim with their employer for it to be documented and taken care of.
Let an Employer Know
The first action an employee should take after obtaining an injury is to immediately let his or her employer know about the accident so it can be recorded for insurance purposes. Time is accounted for in workers' compensation, and the longer an employee waits to report their injuries, the less likely their chances of receiving benefits become. The longest someone can wait to file a workers’ compensation report is six months, but the sooner it is filed the better.
Collect Evidence
As soon as an injury occurs, an employee should document any machinery or equipment that they used and take pictures of the area where it happened. This is an important step to take because it allows for an investigation to be opened up to determine the cause of the accident. Photos of the injury should also be taken to show any bruises, cuts, or disfigurements. An employee should ask their employer to provide them with a copy of their injury report and the surveillance footage during the time of the accident. Medical reports that contain an employee’s diagnosis and treatment plan with the cost of the treatment listed should be collected as well.
Visit A Doctor
Getting help from a medical professional as soon as possible is vital to an employee’s case.
Not only does it prove that the injury happened, but it allows for treatment to begin immediately.
Medical treatment should not be postponed, even if an injury is small, especially since it could develop into something worse. If an employee puts off seeing a doctor, it allows their employer to dispute any injury claims made.
Contact An Attorney
A workplace accident attorney can assist you in determining liability and securing the economic and non-economic damages damages you could be entitled to through a civil lawsuit against Lowe's. A successful plaintiff is able to receive a wide range compensation under Texas law, including pain and suffering, medical bills, future medical costs, lost opportunity, lost wages, disfigurement, loss or consortium, and more. Even if you believe that you might have been contributorily negligent in causing your own insurance, you may still be entitled to a monetary recovery from Lowe's.
Can I Receive Lifetime Benefits With Workers Comp?
Yes, in the case of extreme workplace injuries that cause long-lasting debilitations, an employee may be eligible to receive lifetime medical benefits from an insurance company that pays for their necessary treatment until they hit retirement age. The percentage of medical benefits and the age at which someone stops receiving benefits depends on the year they are born. For example, people who are born in 1955 will be able to gain lifetime benefits until they reach the age of 66 and 2 months. For everyone born in 1960 or later, the age increases to 67 years. Retirement is different for each age group and should be taken into consideration when it comes to lifetime benefits.
What If My Claim Was Denied?
Insurance adjusters and third party administers often deny employee compensation claims for several reasons. Sometimes, it is because the employee waited too long after the accident to visit a doctor. Other times it is because the employer sees the medical treatment needed for the injury as not significant enough to provide compensation for. If the injury was reported at a later time than when it was said to have happened, that can also be a reason for a denial. An employer might even argue that an employee got injured because they violated safety protocols or acted recklessly. While receiving a claim denial may be disheartening, it does not mean it cannot be disputed. An employee should contact an experienced lawyer if they have reason to believe their claim was unjustifiably denied.
Disreputable Behavior Within Workers’ Comp Programs
When it comes to insurance claims, non-subscriber companies like Lowe's often try to do everything in their power to take the easiest routes to cut down on costs. They will even purposely put off important things such as reporting an employee’s injury, waiting to send an employee to the ER, delaying the approval of their medical treatment, and much more. The biggest indicator that a company is trying to save money on a claim is if their insurance doctors allow a seriously injured employee to go back to work with restrictions. Time off from work is essential to an employee completely healing, but to companies that want to save money, it is the very thing they avoid so they don’t have to pay the employee wage benefits.
Can I File a Work Injury Lawsuit Against Lowe's?
Yes, you can file a work injury lawsuit against Lowe's if they contributed to the cause of your accident in any way and if the care they provide is not enough for your injury. As long as you can prove that they violated work safety procedures, were negligent to you as an employer, and did not give you proper medical care for your conditions, you have a chance at winning a workers’ compensation settlement.
How an Injury Lawyer Can Help
Non-subscriber companies like Lowe's tend to believe they can get away with denying claims as long as you are not legally represented. A lawyer can help put pressure on companies to act in honesty about a claim and negotiate on your behalf for better compensation. All injuries deserve to be compensated for, but sometimes the amount of compensation offered by companies is simply unfair.
If you have received the maximum amount of compensation that a company is willing to offer and it is still not enough, you may be entitled deserve much more. If you are seeking legal representation for a Lowe's Worker Compensation case, call (866) 434-0014) to get a free consultation today.