Workplace injuries at big retail stores like Kroger are more complicated than most people realize—especially in Texas.
If you’re a Kroger employee injured on the job in North Texas, it’s critical to understand that your case is not a traditional workers’ compensation claim. That’s because Kroger is a Texas non-subscriber, meaning they’ve opted out of the state’s official workers’ compensation system.
Kroger does not subscribe to the Texas Workers’ Compensation Act insurance program. Because it is a non-subscriber to worker’s compensation and have their own insurance program under ERISA, Kroger can be sued for workplace injuries and they are barred under state law from claiming you were at fault or that you assumed the risk!
What Does It Mean That Kroger Is a Non-Subscriber?
Unlike companies that participate in the Texas Workers’ Compensation Act insurance program, Kroger has chosen to operate under a private insurance plan—often through an ERISA-based policy. This means injured workers can sue Kroger directly for negligence if they can prove the company failed to provide a reasonably safe work environment.
And here’s the key advantage: Kroger cannot use certain legal defenses in court. For example, they cannot argue that you “assumed the risk” or that the injury was entirely your fault. That levels the playing field for employees—if they take legal action in time.
Retail Jobs and Injury Risks in North Texas
Many people don’t realize just how physically demanding retail work can be. At Sandoval Armstrong, we’ve handled cases involving slip-and-falls in stockrooms, lifting injuries in produce sections, equipment malfunctions in warehouses, and more. These accidents often occur in fast-paced environments where safety protocols are overlooked or ignored.
Kroger is just one example. Other non-subscriber retailers with a large presence in Texas include H-E-B, Lowe’s, Home Depot, and Walmart. If you’re unsure whether your employer is a non-subscriber, we can help you find out.
Your Rights as an Injured Kroger Employee
As a Kroger worker hurt on the job, you may be eligible to file a personal injury claim for compensation that includes:
- Medical expenses
- Lost wages
- Ongoing treatment and therapy
- Pain and suffering
- Loss of earning capacity
Unlike workers’ comp claims, where benefits are often capped, a personal injury lawsuit against a non-subscriber like Kroger could result in more comprehensive financial recovery.
For employers that provide workers’ compensation insurance coverage, Texas law limits the employer’s liability for work-related injuries of employees. Non-subscribers are not given these legal protections. This means that if an injured employee files suit and is able to prove that the injury was due to the employer’s negligence, the non-subscriber could be subject to high damage awards, including punitive damages and damages for pain and suffering. The employer might also be required to pay defense-related legal expenses, such as attorneys’ fees. Non-subscribers also lose certain common-law defenses, including:
- The injured employee’s negligence caused the injury;
- the negligence of fellow employees caused the injury; or
- the injured employee knew of the danger and voluntarily accepted it.
Read also: How is a NON-SUBSCRIBER Work Injury Different from a Texas Worker’s Compensation?
State Workers’ Compensation Laws
Each state has a workers’ compensation benefits system setup to protect injured employees. Texas is one of only two states not requiring companies to subscribe to state-regulated workers’ compensation insurance. But just because employers are workers’ compensation nonsubscribers in Texas does not mean employees lose their rights under the law. Many North Texas work inury lawyers simply do not understand the differences between traditional workers’ comp and nonsubscriber claims. To learn whether you could benefit from these State laws, please call us now for a free consultation at (214) 214-3777.
Hurt on the Job while working your shift at Kroger?
Founded in Cincinnati, Ohio in 1883, Kroger is a national grocery store company that has grown to become the largest supermarket chain and the second largest private employer in the United States. Kroger hires employees to work in many different roles, which include.
- Cart attendant
- Cashier
- Forklift operator
- Machine operator
- Maintenance
- Stocker
- Warehouse worker
Job duties can expose Kroger employees to workplace accidents causing severe injuries, some of which are:
- Traumatic brain injuries
- Back sprains
- Fractured legs and ankles
- Slip and fall accidents
Read also: Most Common Work Injuries
No matter the type of injury you suffered while working for Kroger, we can help you navigate all the obstacles of your claim! At Sandoval & Armstrong, PLLC, we understand the specific requirements injured workers must meet in order to establish a North Texas work injury case and we can handle your claim for you. Injured workers have a right to file a lawsuit for medical expenses, lost wages, physical pain and mental suffering and disfigurement.
Types of Compensation You Might Expect
To maximize your payout during a Kroger’s claim in North Texas, it’s recommended to prioritize your personal health first. Then, with the help of a work injury attorney, follow all the rules Kroger has in place for filing your claim with its insurance company. A claim against Kroger can result in payment for all your accident-related medical expenses. You can also receive benefits to cover lost wages while you’re temporarily or permanently out of work.
Don’t Wait—Talk to a North Texas Work Injury Lawyer
Time is critical. The longer you wait, the more difficult it can become to gather evidence, secure witness testimony, and build your case. At Sandoval Armstrong, we know how non-subscriber retailers operate, and we’re not afraid to take on corporate legal teams to defend injured Texans.
If you or a loved one has been injured working at Kroger—or another large non-subscriber employer—in Dallas, Fort Worth, Denton, or anywhere in North Texas, reach out to us today by calling (214) 214-3777.
