I Got Hurt Working for Safeway. Can I File a Workers' Comp Claim?*

Safeway is an American supermarket chain with locations throughout the United States.

They started offering grocery delivery service in 2000. Safeway provides diverse types of jobs to many people, including delivery drivers.

As an employee of Safeway, could you support your family if you were hurt on the job? Would you be able to take care of your monthly bills and pay unexpected medical expenses?

Assistance for Injured Employees

There is assistance available to employees injured on the job. Each state has a legal requirement that states most employers must have workers’ compensation insurance.Workers’ compensation is provided to employees at no charge.

In addition to covering medical expenses, workers’ compensation can help employees who are partially, temporarily, or permanently disabled by providing a portion of their wages.

Company Profile: Safeway

Safeway Incorporated is a private company owned by their parent company, Cerberus Capital, Limited Partnership. They are headquartered in Pleasanton, California. They have just over 2,205 locations in the United States. Safeway employs more than 200,000 people.

Common Risks Faced By Employees of Safeway

Within the Safeway work environment there are risks employees face daily during their shift, both avoidable, and unavoidable.

Cashiers and other employees have the risks of slip and falls when milk, eggs, or other liquids leak or are spilled. Slip and falls can lead to slipped discs, broken bones, or even closed head injuries.

Some other types of common injuries include:

  • Deli workers: Risks of burns from grills, rotisseries, fryers, and hot surfaces. They’re also at risk for slip and fall and for deep cuts when involved in food prep.
  • Warehouse workers and stockers: Risk of injury when lifting and transporting heavy boxes. Falling off of ladders, problems with a malfunctioning forklift, or a malfunctioning hydraulic lift can cause severe injuries from falls or can crush employees.
  • Butchers: Risk of cuts from working with meats from knives and grinders. Fat and blood on the floor can cause slippery surfaces, which can cause severe injuries or broken bones if an employee falls.
  • Delivery drivers for Safeway: Risk of car accidents while taking groceries to customers, in addition to slip-and-fall accidents while unloading and loading groceries. Car accidents can cause minor injuries, but they can also totally change a person’s life because of permanent injuries.

Safeway Accident Workers' Comp Lawyer

What Do I Do If I'm Injured at Safeway?

If you are hurt during your shift, you should think about pursuing a workers' compensation case. However, there are some other things that you can do to protect yourself. Do not wait until the end of your shift to inform your manager. Continuing to work can make even minor injuries worse.

Additionally, if you slip and fall, your manager should be made aware of the hazard so that they can clean it up to protect others in the store.

If you hit your head or deeply cut yourself, seek emergency medical attention immediately.

If you are a delivery driver and you are in a wreck or if you slip and fall while carrying in groceries, call 911. A responding officer will complete a report. Next, call your supervisor and let them know what happened. Do not continue on with your deliveries. Ask your supervisor how you can prepare a workers’ compensation claim at Safeway. This will also involve filling out an accident report.

If you call 911 for a medical emergency, a police officer will provide you with a report number and details on how to get a copy of the police report.

Ask your Manager or Human Resources advisor for a list of approved doctors that can treat your injury at no charge.

If you choose to see your own doctor, you may have out of pocket expenses. Keep your receipts from medical visits, prescriptions, or any other out of pocket expenses related to your on the job injury.

You may be able to be repaid for those visits.

Gathering Evidence for a Safeway Workers’ Compensation Claim

There are many different accidents that could occur as an employee for Safeway. When it comes to filing a claim for workers’ compensation, apart from hiring a WC attorney to guide you through the process, it is also important to provide sufficient evidence to prove the accident took place at work.

Because medical treatment is typically required if the injury prevents you going to work, you also need to provide documentation showing medical treatment and a medical report from your doctor indicating the diagnosis.

Examples of Evidence That Can Be Used in a Safeway WC Claim

Possible evidence that can be used for a workers’ compensation claim could include any of the following:

  • photographs taken by work colleagues;
  • witness reports providing details of how the injury occurred;
  • photographic evidence taken by Safeway’s surveillance cameras;
  • medical report with diagnosis and medical treatment required written by your doctor;
  • receipts for medical treatment paid or invoices for unpaid treatment;
  • receipt for ambulance if required.

How To File a Claim Against Safeway as a Shelf Stocker

Some employees may be sympathetic and instantly ask their WC insurer to approve your WC claim. You cannot bank on this so you should follow the correct procedure when filing a claim with Safeway’s.

What You Should Do When Injured as a Shelf Stocker

As soon as you are injured the obvious thing to do is to seek treatment as soon as possible. If the injury is serious like a limb breakage, spinal injury or traumatic brain injury from a falling carton off a Safeway’s shelf, you shouldn’t hesitate but call an ambulance to get you medical treatment as soon as possible. Once you have done this there are steps to take to confirm your eligibility for workers’ compensation.

Steps to Take to File a Claim

Safeway’s should carry workers' compensation to cover employees like shelf fillers when injured on the job. Fortunately, because workers’ compensation is a no-fault insurance as an employee you do not need to prove fault to be eligible for WC. However, benefits are not necessarily automatic. Depending on the state you are located you must notify your supervisor or Safeway’s manager. The deadline for this to be done may vary but can be up to 7 days and in some states you are given 30 days to complete the task. You may also be required to complete a claim form provided by Safeway’s.

The claim form will ask for specific details such as:

  • the type of injury;
  • time, date and place where the injury took place;
  • the employees who were involved in the accident if there were others apart from yourself;
  • details about how the accident took place;
  • the medical treatment received so far.

You should keep any receipts of medical treatment you have paid for including any out of pocket expenses you have used to get your medical treatment. These are so easily overlooked but can be included in your WC claim. You should carefully file any unpaid invoices for medical treatment you have received as you will get these paid as well.

As Safeway’s has the obligation to honor your claim as long as it has been approved by its WC insurer, it should not hesitate but file the claim with its insurer as well as the particular state’s workers' compensation board office. Once your claim has been assessed by the insurer, you will be notified as to whether your WC claim has been accepted and what its value is.

If you have been asked to see a Safeway’s doctor to confirm your diagnosis and treatment and you are not satisfied with the WC settlement as a result of this you may ask for a second opinion before you accept the settlement. If you are unlucky and your claim is rejected, this isn’t the end of it as you are usually entitled to lodge an appeal.

How Much Would I Get If I File a Claim Against Safeway?

Worker's comp claims are able to help you cover the cost of your medical bills, lost wages, and other costs associated with your accident at Safeway. This means that a settlement can vary by your wages, hours worked, and other factors.

While it's best to get legal help if you intend to file a claim, you can find more information about the value of your claim here:

You Will Need a WC Attorney Throughout the WC Claim’s Process

Even in the early stages of the filing of your WC claim you should consider talking to a workers’ compensation attorney who will be able to study your evidence and make suggestions on how you can approve your chances of filing a successful WC claim. Once you have completed the information for filing your claim it could be denied. If this happens your WC attorney can appeal the decision on your behalf. You should not consider lodging an appeal on your own, as Safeway’s insurer may not take you seriously.

Who Do I Contact For Legal Help?

If you are having trouble getting workers’ compensation benefits or have questions about your rights, consider talking to an experienced workers’ compensation lawyer.

A consultation with an attorney may clear things up for you and help you determine if you would benefit from representation.

*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Safeway Incorporated, you may not be entitled to any compensation.