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Man sues Walmart after injuring his shoulder

A Pennsylvania man has recently filed a personal injury claim against a Walmart store located in Pottsville, Schuylkill County. He claims that the negligence of the store's employees led to a shoulder injury that he suffered on December 16, 2013.

The Philadelphia Court of Common Pleas filing says that the man was delivering a package in the Walmart's warehouse department when he was injured on the job. He tripped on a metal plate that was sticking out of the floor and fell, causing the dislocation of his shoulder. The injury required continuous visits to a doctor for treatment.

The man says that the staff at the Walmart did not ensure a safe business environment by failing to remove a dangerous condition from the premises. In the lawsuit, the man is seeking compensatory and punitive damages of more than $50,000. In addition to this claim, the man's wife filed a lawsuit against the store for loss of consortium. She claims that the recklessness of the staff robbed her of her husband's companionship.

While some workers may be entitled to personal injury compensation if they are injured on the job, others may choose to avoid litigation and file for workers' compensation. Pennsylvania laws require all employers to provide their staff with some kind of insurance coverage against occupational illnesses and injuries.

If an injured employee is entitled to workers' compensation benefits, it might cover all of the medical care that they receive. This could include hospital services, medical supplies and medications. Workers' compensation might also cover prostheses and orthopedic appliances. Employees who are unable to work as usual or are unable to work at all could also be eligible for wage-loss benefits. If a worker loses a limb or becomes disfigured as the result of a workplace injury, the individual may receive specific loss benefits as well.

Source: Pennsylvania Department of Labor & Industry, "About Workers' Compensation"

Source: The Pennsylvania Record, "Delivery man sues Pottsville Walmart for shoulder injury", Jim Boyle, July 17, 2014

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