Dollar General Work Injury

Navigating a Dollar General Work Injury in Texas: A Comprehensive Guide

If you’ve suffered an injury while working at Dollar General in Texas, it’s crucial to understand your rights and the unique challenges presented by their non-subscriber status. Workplace injuries can lead to significant financial burdens, including medical expenses and lost wages, as well as emotional distress. This guide provides in-depth information tailored for Dollar General employees seeking assistance with their work injury claims.

Dollar General’s Non-Subscriber Status in Texas: What It Means for You

Dollar General operates as a non-subscriber to the Texas workers’ compensation program. This means they have chosen to opt out of the state’s system and instead maintain their own policies for handling workplace injuries. This decision significantly impacts your rights and options if you’ve been injured while working at one of their stores.

Key Implications of Dollar General’s Non-Subscriber Status:

• No Automatic Workers’ Compensation Benefits: Unlike companies that subscribe to the Texas workers’ compensation system, Dollar General is not required to provide automatic benefits for work-related injuries.
• Potential to Sue Dollar General for Negligence: As a non-subscriber, Dollar General can be sued for negligence if their actions or inactions directly caused your injury. This is a critical distinction from the standard workers’ compensation system, where lawsuits against employers are typically prohibited.
• Burden of Proof: To successfully pursue a claim against Dollar General, you must prove that their negligence was a direct cause of your injury. This requires gathering evidence and building a strong case.

Common Injuries at Dollar General Stores

The nature of work at Dollar General exposes employees to various potential injuries. Some of the most common include:

• Slips and Falls: Spills of cleaning products left unattended, tracked-in rain near the entrance, uneven floor tiles in the stockroom, or cluttered aisles with boxes and merchandise create slip and fall hazards. These falls can result in fractures of the hip, wrist, or ankle, as well as traumatic brain injuries.
• Strains and Sprains: Lifting heavy boxes of merchandise (often weighing 50+ pounds) without proper equipment or training can lead to back strains, shoulder sprains, and knee injuries. Repeated lifting and twisting motions exacerbate these risks.
• Cuts and Lacerations: Using box cutters to open merchandise without proper safety guards, handling broken glass from damaged products, or coming into contact with sharp edges on shelving units can cause cuts and lacerations that may require stitches or lead to infections.
• Repetitive Motion Injuries: Scanning hundreds of items per shift, stocking shelves with repetitive reaching and bending, and operating cash registers for extended periods can contribute to carpal tunnel syndrome, tendinitis, and other repetitive motion injuries that cause chronic pain and limited mobility.
• Injuries from Falling Merchandise: Improperly stacked boxes on high shelves, unsecured displays, or overloaded carts can cause merchandise to fall and strike employees, resulting in head injuries, contusions, and lacerations.
• Assaults and Workplace Violence: Employees working alone during late-night or early-morning shifts are vulnerable to robberies and assaults. Inadequate security measures and lack of training on de-escalation techniques increase the risk of workplace violence.

What to Do Immediately After a Dollar General Work Injury

Following these steps after a work injury at Dollar General is crucial to protect your health and legal rights:

1. Seek Immediate Medical Attention: Your health is the top priority. Even if you think the injury is minor, seeking medical attention is crucial for documenting the injury and establishing a link to the workplace accident. This documentation will be essential for any future claim.  Consider visiting an urgent care clinic, emergency room, or your primary care physician. Be sure to tell the medical provider that you were injured at work.
2. Report the Injury to Your Supervisor: Notify your supervisor immediately about the injury. Request a written incident report from your supervisor and ensure you receive a copy for your records. Do not rely on verbal reports alone.  The incident report should include the date, time, and location of the injury, a detailed description of how the injury occurred, the names of any witnesses, and the body parts affected.
3. Document Everything Meticulously:
   • Write down what happened: Create a detailed written account of the accident as soon as possible while the details are still fresh in your mind. Include everything you remember, even if it seems insignificant.
   • Take photos: Photograph the scene of the accident, any equipment involved, and your injuries. If possible, take photos before anything is moved or cleaned up.
   • Keep records: Maintain a file of all medical records, bills, receipts, and other expenses related to the injury. This will help you track your damages and support your claim.
   • Save communication: Keep copies of all emails, letters, and other communications with Dollar General, their insurance company, and any medical providers.
4. Be Cautious About What You Say: Avoid giving recorded statements or signing any documents without first consulting with an attorney. Dollar General’s insurance company may try to minimize your claim by asking you leading questions or pressuring you to give a recorded statement. Avoid making any statements that could be used against you.  Do not admit fault for the accident, and do not downplay the severity of your injuries.
5. Consult with a Qualified Attorney: A Dollar General work injury lawyer can advise you on your rights, help you gather evidence, and protect you from making mistakes that could jeopardize your claim.  A lawyer can handle all communication with Dollar General and their insurance company, negotiate a fair settlement, and file a lawsuit if necessary.

“Your fight is our fight. We’ll bulldoze through obstacles to ensure you get the maximum compensation for your personal injury claim.”

Joshua Lee

Partner

Building a Negligence Case Against Dollar General

To win a Dollar General work injury case, you must prove their negligence directly caused your injury. Dollar General’s history of safety violations can be a key factor in establishing this negligence. Examples of negligent actions include:

• Inadequate Safety Protocols: Failure to implement and enforce safety procedures for handling hazardous materials, operating equipment, or preventing slips and falls. For example, not providing floor mats in wet areas or not requiring employees to wear non-slip shoes.
• Poor Training: Insufficient training on safe lifting techniques, proper use of box cutters, or how to respond to workplace violence incidents. For example, not providing training on how to lift heavy boxes without straining your back.
• Unsafe Working Conditions: Maintaining a work environment with known hazards, such as wet floors, cluttered aisles, faulty equipment, or inadequate lighting. For example, failing to repair a leaky roof that causes water to accumulate on the floor.
• Lack of Proper Equipment: Failure to provide employees with necessary safety equipment, such as gloves, safety glasses, back supports, or appropriate footwear. For example, not providing employees with gloves when handling chemicals or sharp objects.
• Understaffing: Insufficient staffing levels that lead to rushed work, increased stress, and a higher risk of injury. For example, forcing employees to work alone during late-night shifts, making them more vulnerable to robberies and assaults.

Proving Negligence: Evidence For Your Case Against Dollar General

You must demonstrate that Dollar General was negligent and that their negligence directly caused your injuries. This requires gathering and presenting compelling evidence. Here are some key types of evidence that can be used to prove negligence:

• Witness Statements: Eyewitness accounts can be crucial in establishing the circumstances surrounding your injury. Statements from coworkers, customers, or anyone else who witnessed the accident can provide valuable insights into what happened and whether Dollar General’s actions (or inactions) contributed to the incident. For example, a coworker might testify that they saw a spill that was not cleaned up for an extended period before you slipped and fell. It’s important to obtain written or recorded statements from witnesses as soon as possible after the accident, while their memories are still fresh.
• Incident Reports: The incident report that you (or your supervisor) filed after the injury can be a valuable piece of evidence. This report should document the date, time, and location of the injury, a description of how the injury occurred, and any other relevant details. However, be aware that Dollar General may try to downplay the incident in the report or shift blame onto you. Therefore, it’s essential to carefully review the incident report and ensure that it accurately reflects what happened. If the report is inaccurate or incomplete, you should submit a written correction or addendum.
• Safety Records: Dollar General’s safety records can provide evidence of their negligence. These records may include:
  • Inspection Reports: Reports of safety inspections conducted by Dollar General or external agencies. These reports can reveal whether Dollar General was aware of any safety hazards and whether they took steps to correct them.
  • Maintenance Records: Records of maintenance and repairs performed on equipment and facilities. These records can show whether Dollar General properly maintained its equipment and facilities, or whether they allowed them to fall into disrepair.
  • Training Records: Records of employee safety training. These records can show whether Dollar General provided adequate safety training to its employees and whether employees were properly trained on how to perform their jobs safely.
  • Accident History: Records of previous accidents and injuries at the store. A history of similar accidents can demonstrate that Dollar General was aware of a dangerous condition but failed to take adequate steps to prevent future injuries.
• Photographs and Videos: Visual evidence can be incredibly powerful in proving negligence. Photographs and videos of the accident scene, the equipment involved, and your injuries can help to illustrate the dangerous conditions that led to your injury. For example, photographs of a wet floor, a cluttered aisle, or a broken piece of equipment can provide compelling evidence of Dollar General’s negligence. If there are security cameras in the store, you may be able to obtain video footage of the accident.
• Expert Testimony: In some cases, expert testimony may be necessary to prove negligence. Experts can provide specialized knowledge and opinions on matters that are beyond the understanding of the average person. For example, a safety expert can testify about industry standards for safety and whether Dollar General’s safety practices met those standards. A medical expert can testify about the nature and extent of your injuries and how they were caused by the accident. An economic expert can testify about your lost wages and future medical expenses.
• Dollar General’s Policies and Procedures: Obtaining and reviewing Dollar General’s internal policies and procedures related to safety, training, and maintenance can reveal whether they were followed in your case. If Dollar General deviated from its own policies, this can be strong evidence of negligence.

By gathering and presenting this type of evidence, you can build a strong case to prove that Dollar General was negligent and that their negligence caused your injuries. An experienced attorney can help you investigate your claim, gather evidence, and present your case in the most effective way possible.

Potential Compensation in a Dollar General Work Injury Case

If you can demonstrate that Dollar General’s negligence directly resulted in your injury, you may be entitled to recover compensation for:

• Medical Expenses: This includes past and future medical bills for doctor visits, hospital stays, surgery, physical therapy, medication, and other related expenses. You may be able to recover the full amount of your medical bills, even if your health insurance paid a portion of them.
• Lost Wages: This includes compensation for lost income due to time off work for medical treatment and recovery. You may be able to recover your past lost wages, as well as compensation for future lost earning capacity if your injury prevents you from returning to your previous job.
• Pain and Suffering: This includes compensation for physical pain, emotional distress, mental anguish, and loss of enjoyment of life. The amount of pain and suffering damages you can recover will depend on the severity of your injuries and the impact they have had on your life.
• Future Medical Care: If your injury requires ongoing medical treatment, you may be able to recover the costs of future medical care, such as physical therapy, medication, or surgery.

Tactics Used by Dollar General’s Insurance Company

Be prepared for the tactics that Dollar General’s insurance company may employ to minimize or deny your claim:

• Minimizing the Severity of Your Injury: Questioning the extent of your injuries or suggesting they are pre-existing conditions.
• Offering a Quick, Low Settlement: Pressuring you to accept a settlement that is far less than what you deserve.
• Blaming You for the Accident: Attempting to shift responsibility for the accident onto you.
• Requesting Access to Your Medical Records: Seeking broad access to your medical history to find pre-existing conditions to blame.
• Denying Your Claim: Rejecting your claim outright, leaving you with no immediate recourse.

Why You Need a Lawyer Experienced in Non-Subscriber Cases

Navigating a work injury claim against a non-subscriber like Dollar General can be complex. An experienced attorney can:

• Investigate Your Injury: Gather evidence to determine the cause of the accident and identify all responsible parties.
• Build a Strong Case: Develop a compelling legal strategy to prove Dollar General’s negligence.
• Negotiate with Dollar General’s Insurance Company: Advocate on your behalf to negotiate a fair settlement.
• File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
• Maximize Your Compensation: Fight to recover the full compensation you deserve for your injuries and losses.

Dollar General Locations in Texas

We represent injured workers at Dollar General stores throughout Texas, including:

• Houston
• Dallas
• San Antonio
• Austin
• Fort Worth
• El Paso
• Arlington
• Corpus Christi
• Plano
• Laredo
• …and many more!

Get a Free Consultation

If you’ve been hurt while working at Dollar General in Texas, contact us today for a free, no-obligation consultation. We can help you understand your rights, evaluate your legal options, and provide guidance on the best course of action.

Texas Non-Subscriber Companies

• Academy Sports + Outdoors
• Albertsons
• Amazon
• American Bottling Company (Coca-Cola, Dr. Pepper, Keurig)
• Coca Cola
• Costco
• Dollar General
• H-E-B
• Hobby Lobby
• Home Depot
• Igloo
• Kroger
• Lowe’s Home Improvement
• Pep Boys
• Ross
• Target
• Tom Thumb
• Walmart
• AutoZone
• Best Buy
• Brookdale Senior Living
• Brookshire Brothers
• Dollar Tree
• Family Dollar
• Kohl’s
• LKQ
• Macy’s
• McDonald’s (some locations)
• McLane Foodservice Distribution, Inc.
• O’Reilly Auto Parts
• Oak Farms Dairy
• Randalls
• Sam’s Club
• Tractor Supply
• Wendy’s
• Whataburger

Joshua Lee

Joshua Lee believes in aggressive, tough advocacy and a client-centered approach to every case. Joshua draws from a wide body of experiences and a robust understanding of the law. Joshua graduated from the New York University School of Law in New York City, which is considered among the best law schools in the world. Our lawyers have 25+ years of combined experience.

Get in touch with Joshua Lee now.