Texans work at 87 Kohl’s stores across the state. Unfortunately, employees suffer accidents in Kohl’s stores just as they do at other places of employment. When this happens, injured workers may be left with mounting medical expenses and a loss of income.
Most states require that employers have workers’ compensation programs to provide injured employees compensation for medical expenses and lost wages. But Texas, however, does not have this requirement. Employers in Texas are not required to subscribe to a workers’ comp program.
Employers that do not subscribe to an approved workers’ comp plan are called non-subscribers.
Kohl’s is one such non-subscriber. Thus, its employees cannot file a Kohl’s compensation claim under workers’ comp. Instead, they must file a workplace injury lawsuit.
If you have been injured while working for Kohl’s, contact the law office of Armstrong Lee & Baker LLP. Our experienced attorneys can help injured employees navigate Texas’s complicated and unique workers’ compensation system. We can get you the compensation you deserve.
What is Kohl’s Workers’ Comp Policy?
Although Kohl’s does not subscribe to workers’ compensation, it may provide certain benefits to employees who have been injured. However, such benefits are likely less than would be available under the state workers’ compensation program and will not cover all your losses.
If your accident was caused by the negligence of Kohl’s or a fellow employee, your best option may be to file a lawsuit against Kohl’s.
How to Recover Compensation from a Work Injury at Kohl’s
To recover, you must prove that Kohl’s or one of its employees was negligent. To do this, you must prove the four elements of a negligence claim:
- Causation, and
Every employer has a duty to maintain a safe work environment. Breaching this duty can take many forms, including:
- Failing to provide safety equipment,
- Failing to train employees,
- Failing to supervise employees, and
- Failing to warn of dangers in the workplace.
Next, you must prove that your employer’s breach directly caused your injury. Finally, you must provide proof of your injuries.
Do Non-Subscriber Employers Have Defenses to My Work Injury Claim?
Yes, but their defenses are limited. Work injury lawsuits benefit employees because employers do not have the protection of common law defenses. Texas law prohibits employers from relying on the following defenses:
- Claiming the employee was guilty of contributory negligence;
- Claiming the employee assumed the risk of injury or death; or
- Claiming that another employee caused the injury or death.
The only defenses an employer can use are the employee’s intoxication or intent to cause the injury.
What Does a Kohl’s Compensation Claim Cover?
When an employee sues a non-subscriber employer, they seek a settlement or court verdict finding the employer liable. Typically, a case is settled through negotiation. Damages in a Kohl’s compensation claim may cover the following.
You can seek compensation for all medical expenses from your work injury. Medical expenses include things like doctor visits, hospital stays, medications, and surgeries. You can also seek future medical costs arising from the injury, such as ongoing rehabilitation.
You can seek full reimbursement for lost wages from time off work after the accident. If your accident injuries leave you with diminished earning capacity, you can also sue for the difference. Finally, you can sue for the loss of future earnings.
Pain and Suffering
You can also seek damages for physical pain and emotional distress in your work injury claim. This type of damage is called pain and suffering.
Punitive damages are rarely awarded. Their purpose is to punish the wrongdoer, which is the employer. You can get punitive damages only in cases involving egregious behavior.
Contact Our Work Injury Attorneys at Armstrong Lee & Baker LLP Now
Non-subscriber work injury claims can be complicated. If you were injured while working at Kohl’s, don’t face the road ahead alone. Kohl’s will likely try to settle with you for the least amount of compensation possible, so you should not accept compensation or a settlement without talking to an attorney first. Contact Armstrong Lee & Baker LLP for a free case evaluation.