Giant Food Stores, LLC, is one of the biggest grocery chains in Pennsylvania, with thousands of workers. If you were hurt while working at Giant, you may be entitled to compensation for your injuries through Workers’ Comp.
Workers’ Comp is only available for employees, not contractors, but that should cover most cashiers, stock workers, etc. at Giant. You start your claim by giving your employer notice of your injury, but when they come back with a denial, you can take your case to court with the help of an attorney.
Call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law to get started on your case today: (267) 651-7945.
What Do I Need to File a Workers’ Comp Claim?
Workers’ Comp claims require a few basic elements:
Employee Status
Workers’ Comp only covers employees, not independent contractors. Most cashiers, stock workers, baggers, cart collectors, pharmacists, managers, deli workers, etc. are all “employees” and should be covered.
Contractor status might apply to delivery drivers and other roles, so always check with our Philadelphia Workers’ Comp lawyers about your status and whether you qualify for a claim.
Work-Related Injury
For your injury to qualify for coverage, it has to be “work-related.” This requires either one of these issues:
- An injury caused by dangerous conditions at work, e.g., slippery floors, icy loading docks, missing handrails.
- An injury acquired while performing work tasks, e.g., hurting your back moving a box of apples.
Disability
An injury must keep you out of work for at least 7 days for you to get wage-loss benefits. They do not need to be consecutive.
How to File Your Claim
Workers’ Comp claims require these steps to get your claim accepted:
- Get immediate medical care for your injuries.
- File notice of your injury with your employer within 21 days of the accident (though you can technically give notice within 120 days and still make a claim).
- Call a lawyer to get help with any of these steps. Definitely work with a lawyer before moving beyond this point in the process.
- Continue getting medical treatment from employer-approved doctors.
- After denial, file a Claim Petition with a Workers’ Comp Judge within 3 years of the initial injury.
- Collect evidence (doctor’s reports, medical records, witness depositions, etc.).
- Attend required independent medical exams (IMEs), where your employer gets their doctors’ reports.
- Attend your Workers’ Comp Hearing.
What Does a Claim Cover?
A Workers’ Comp claim typically covers three potential areas of benefits:
Medical Expenses
All medical care costs should be paid directly to your care providers. You may need to use a doctor from your employer’s chosen list of providers within the first 90 days, but you can choose providers from outside of that list if you need unlisted specialists or a second opinion on surgery.
Lost Wages
Wage-loss benefits cover these amounts, subject to caps and floors:
- 2/3 of pre-injury wages if you are unable to work at all
- 2/3 of the difference in pre- and post-injury wages if you can still work to some extent.
These are paid as long as you are unable to work. If you undergo an impairment rating evaluation (IRE) that determines your whole-body impairment level is under 35%, you are switched to “partial disability status,” which can only get you 500 more weeks of benefits, max.
You cannot get wage-loss benefits until you are out of work for at least 7 days, but you get the first 7 days paid as back pay if you are out for at least 14 days. Those days do not have to be consecutive.
Specific Loss
If you suffered any of these injuries, you get an additional 2/3 of your pre-injury wage (subject to caps and floors):
- Permanent lost function
- Amputation
- Substantial facial scars/disfigurement
- Lost hearing/vision.
These are typically paid once you are reduced to partial disability status and are paid for a number of weeks depending on the specific injury/loss you suffered.
FAQs for Injured Giant Workers Filing for Workers’ Comp
Are Giant Delivery Drivers Covered Under Workers’ Comp?
If you do delivery orders for Giant, you have to check with a lawyer about your employment status. Workers’ Comp only covers employees, and many delivery drivers are hired as independent contractors instead. But every case is based on the details of your employment, not the status your employer claims you fall under.
If you work for a third-party delivery app like Instacart, it is likely your employer calls you a contractor for that company, but you might have a lawsuit against Giant for injuries on their premises.
What if I Work for Another Company but I Was Injured at Giant?
Many workers for various brands, grocery delivery drivers, and other workers spend time in Giant because of their jobs, but do not actually work for Giant. If you were injured at Giant, you might have a lawsuit against Giant, but you might also have a Workers’ Comp claim with your own employer.
Can Giant Fire Me After I Get Injured?
Whether you can keep your job while on Workers’ Comp is always a contentious issue. Unfortunately, Giant may be allowed to fire you if you cannot do the job anymore, and they can fire you for any valid reason (e.g., if you caused the accident that injured your or do not provide proper documentation for missed workdays).
However, employers cannot
- Fire you in retaliation for filing a Workers’ Comp claim
- Discriminate based on disability status.
If you sign a Workers’ Comp settlement, it might also include a requirement that you cannot work at Giant anymore.
Do I Need a Lawyer?
Yes. Technically, you can proceed without an attorney, but there are stages of the case where expenses need to be paid up front, and procedures need to be followed to the letter. Our attorneys are leveraged to pay for those costs and get reimbursed when we win your case, and we have ample experience helping clients get the benefits they need.
Never try to handle your case on your own or trust that your employer or their insurance company has your best interests in mind.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For a free case review, call Cardamone Law’s Blue Bell, PA Workers’ Comp attorneys at (267) 651-7945.
