Can I File a Walmart Workers’ Compensation Claim in California?*

Submitted by emm on Fri, 08/12/2022 - 15:13

If you were injured while working at Walmart in California, you can file a workers’ compensation claim. As a Walmart employee you can prepare a WC claim under Walmart's workers’ compensation program, even if you were partly to blame for the accident.

This gives you the opportunity to get your medical expenses paid for the medical care you need while also getting paid for any lost wages when you are unable to work.

How to File a Walmart Workers’ Compensation Claim in California

There are several steps for filing a Walmart workers’ compensation claim in California. This includes:

  • reporting the incident as soon as possible to Walmart;
  • collecting evidence of where and when the injury took place or the cause of the illness;
  • gathering medical evidence from your doctor including your diagnosis, medical treatment and how long you are likely to be unable to work;
  • filing your claim for workers’ compensation.

How Long Do I Have to File a Walmart Workers’ Comp Claim in CA?

Reporting your job-related injury to your Walmart employer is not the same as filing a workers’ compensation claim. To officially lodge your claim, you are required to file an Application for Adjudication of Claim and Declaration Pursuant to Labor Code 4906(g) with the workers’ compensation appeals board (WCAB).

There is a statute of limitations for filing a workers’ compensation claim in California and this is 12 months from when the job-related injury or illness took place.

If you fail to file your workers’ compensation claim within 12 months of your injury or illness taking place you could lose your chance to file at all.

What Does a Walmart* Workplace Injury Attorney in California Do?

When filing a workplace injury claim with Walmart, or any other similar value store, there is a process that should be followed. A workplace injury attorney in California will know what processes should be followed and how to follow them well. When an attorney works on a claimant’s behalf, there is a far higher chance of them winning that claim compared to if the claimant worked on their own (i.e., without an attorney). This is because the employer might find any and all reasons not to support the employee’s claim for workers’ compensation.

The steps for filing a Walmart workers’ compensation claim, or that of any other similar store, in California for a workplace injury includes the following:

  • reporting the incident as quickly as possible to Walmart;
  • collecting enough evidence of where and when the injury took place in Walmart;
  • collecting the names and contact details of any witnesses to the injury;
  • collecting sufficient medical evidence from your doctor including the diagnosis, medical treatment provided and how long you are likely to be unable to work in your usual job at Walmart.

A workers’ compensation attorney can help you with the following:

  • negotiate a settlement with Walmart that covers all the financial loss caused by the workplace injury;
  • keep a track of your claim;
  • help gather all the necessary evidence proving the injury took place at work at Walmart;
  • help fill out the paperwork that is required when filing a workplace injury claim.

A Walmart workplace injury attorney, or attorney focusing on workplace injuries that have occurred at another similar store, in California will not ask for any legal fees until the claim has been won.

What Happens After Filing a Walmart Workers’ Compensation Claim in CA?

Your Walmart employer should provide you with a WC claim form within one working day after it knew about your injury or illness.

Your Walmart employer should complete the employer section and send the claim form to its insurance company. Your employer should give you a copy of the completed claim form.

Once the insurer has received your form the claims administrator has 14 days to inform you in writing of the status of your claim. If you haven’t received this letter, call the insurer to confirm the status of your claim.

You may need to negotiate your claim if the claim’s administrator doesn’t think your injury or illness is work related. You need to ensure you have provided adequate proof that your injury at Walmart or illness is work related.

Get Help From a Workers’ Comp Attorney that Takes CA Cases

To ensure you have provided the right evidence that proves your injury or illness was work related while you were working at Walmart, you should work with an attorney for a free case evaluation.

The attorney can assess your evidence and make suggestions to help to prove your case for eligibility for workers compensation.

Get a Free Case Evaluation Today.

Additional Resources

*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Walmart or another party, you may not be entitled to any compensation.