Working in a home improvement store comes with risks not normally found at retail stores.
Cutting materials, transporting lumber, operating heavy machinery, and climbing ladders to get out-of-reach products are only a few occupational hazards Home Depot employees face.
Unfortunately, if you sustained injuries while working at Home Depot, workers’ compensation is unavailable. However, other options are available to ensure you receive compensation for your injuries.
Is Workers’ Compensation Available to Home Depot Employees?
In most places, workers’ compensation is a state-mandated insurance program benefiting employees injured at work. Texas is unique because workers’ compensation is not mandated.
In other words, companies are not required to subscribe to workers’ compensation in Texas. When a company does not carry workers’ compensation, they are called a “non-subscriber.”
Texas is the only state that allows non-subscription and Home Depot is one of many large corporations, like Target and Walmart, that are non-subscribers.
Non-subscribers are not required to carry no-fault insurance for their injured employees. In other words, if you work at Home Depot, workers’ comp is not available.
Instead, non-subscribers carry private insurance policies to cover their employees in the event of work-related injuries.
After a workplace injury, instead of filing a workers’ compensation claim, the case is treated like any other personal injury case.
How Do I Know If the Non-Subscriber Was Negligent?
Injured workers can file a personal injury lawsuit against a non-subscriber to receive compensation for their injuries, but they must prove that the non-subscribers negligence or intentional actions caused their injuries.
To prove negligence, the employee must show that the company owed them a duty of care, that they breached that duty of care, and that the breach was the actual cause of an employee’s injury.
You also have to prove the extent of your injuries. If you can demonstrate all these elements, you could win compensation for your injuries.
There are many ways to prove a company was negligent. For example, if the company failed to provide proper warnings, proper protective equipment, maintain vehicles properly, or keep the premises safe, they could be found negligent.
Additionally, if a third party, like a subcontractor or product manufacturer, contributed to the employee’s injuries, the injured worker may have grounds to file a lawsuit against them.
In that circumstance, an injured worker may be able to file a claim under the third party’s private insurance policy.
If a lawsuit is successful, the injured worker could receive compensation for the following damages:
- Lost wages,
- Medical expenses,
- Physical pain and suffering,
- Mental or emotional pain,
- Loss of consortium,
- Physical impairment,
- Inconvenience, or
- Loss of enjoyment of life.
Figuring out whether your circumstances meet the elements of negligence and what damages are available to you can be a difficult process.
After an injury on the job, consider contacting an attorney. An injured employee must take certain steps to ensure they don’t miss out on benefits, and an attorney can help.
Get in Contact with a Work Injury Attorney in Texas Today
For employees of Home Depot, workers’ comp is unavailable, but you have other options that might be more advantageous.
The Zimmerman Law Firm has represented many employees injured on the job. We understand the hardship of being hurt on the job only to be denied benefits.
Contact us today if you believe you have a case for your injury or illness at work.