In a busy retail store, various unforeseen hazards can arise and cause serious employee injury. Even the most diligent workers can find themselves victim to dangerous slips and falls or other accidents, especially if a co-worker has been negligent.
One of our clients, Jane*, slipped on a stack of labels left on the ground by another employee, resulting in severe brain and spine injuries. Jane was busy fulfilling a customer order that required her to walk the store's aisles. Unbeknownst to her, her coworker was replacing product shelf tags nearby. The tags were on waxy paper backing and came in stacks. When the other employee walked away to assist a customer, they left that stack of tags on the floor in one of the aisles.
The Injury: Severe Consequences of a Momentary Lapse
As Jane approached the corner, she stepped on the stack of tags, losing her footing on the waxy paper and slick laminate floor. She landed on her lower back and struck her head on the floor. Jane was in serious pain, and it was later determined she had suffered a traumatic brain injury and a lumbar spine injury that required surgery.
The Employer's Response: Challenges with Non-Subscriber Status
Jane's employer was not a subscriber to workers' compensation, a common practice for retailers in Texas. Her employer hired a physician who routinely provides opinions that employee's alleged on-the-job injuries were not work-related. The physician claimed my client suffered no permanent injuries on the job. Further, the physician claimed she was medically capable of returning to work without restrictions or accommodations. Jane was still reeling from dizziness, blurry vision, and lumbar spine pain at this time.
The Legal Process: Navigating Arbitration and Discovery
As a non-subscriber, the company had an arbitration agreement requiring claims against the employer to be arbitrated rather than litigated in state and federal court. We conducted a thorough discovery process to obtain the depositions of the employer's retained medical expert and our client's treating physician, surgeon, and life care planner. Those statements made it clear that Jane sustained her injuries on the job and she was entitled to recover funds for her expensive medical care.
The Outcome: Successful Resolution and Path to Recovery
Though her company expected Jane to come back and work in her condition, we were ultimately able to help her get the medical care she needed. Jane had to undergo surgery to repair her spine as well as treatment for her brain injury.
We successfully resolved this case the day before the arbitration hearing, and Jane is now on the path to recovery. Non-subscriber cases in Texas like this one can be complex for employees. During a traumatic and stressful time for Jane, who felt pressured to return to her job before she had healed, we provided her guidance and a positive outcome.
*Client's name changed to protect their privacy.