TL;DR: Yes, workers’ compensation usually covers California W-2 store employees, including part-time, seasonal, and temp workers, even for cumulative lifting injuries. Report the injury within 30 days, as generally required by California law, and document how it relates to duties such as unloading or stocking.
Key Facts
- California Labor Code § 3700 requires employers such as Target to secure workers’ compensation coverage for their employees.
- The California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court and California Labor Code § 2775 describes the ABC test used to evaluate whether a worker is an employee or an independent contractor.
- California Labor Code § 3208.1 defines both “specific” injuries and “cumulative” injuries, recognizing that a lifting injury can develop over time from repetitive work activities.
- California Labor Code § 5405 generally gives an injured worker 1 year to file a workers’ compensation claim, depending on when the injury occurred, disability payments ended, or certain medical benefits were last provided.
- Under California Labor Code § 5402, a claim not denied within 90 days is generally presumed compensable, and the employer must authorize medical treatment within one working day after the DWC-1 is filed, with costs limited to $10,000 until acceptance or denial.
- California Labor Code § 132a allows the Workers’ Compensation Appeals Board (WCAB) to order remedies for workers’ compensation retaliation, including reinstatement, reimbursement for lost wages and work benefits, and a benefit increase by 50% up to $10,000, plus costs and expenses of up to $250.
Table of Contents
Yes. Target employees in California generally qualify for workers’ compensation when a lifting injury arises out of and occurs in the course of their work. Coverage may apply whether the injury happened during a single lift or developed gradually from repetitive activities. Full-time, part-time, seasonal, and temporary employees may all qualify.
Workers’ compensation is a no-fault system, so you generally do not have to prove that Target caused your injury through negligence. You do, however, need to show a connection between your job duties and the injury.
For example, you may have a workers’ compensation claim if you:
- Hurt your back unloading a truck.
- Injured your shoulder while lifting merchandise onto a shelf.
- Strained your knee while moving boxes or inventory.
- Developed neck, back, or shoulder pain after months of repetitive lifting.
- Were injured while using a pallet jack, hand truck, dolly, or other equipment during your shift.
A pre-existing condition does not automatically disqualify you. If your Target duties made a back, shoulder, neck, or other condition worse, you may still have a workers’ compensation claim.
Workers’ compensation is usually the only way to get compensation from Target for a workplace injury. You typically can’t file a regular personal injury lawsuit against Target just because you got hurt at work.
Who Qualifies For Workers’ Compensation At Target?
If you get a W-2 from Target, you are covered by workers’ compensation in California. It does not matter if you work full-time, part-time, seasonally, or as a temporary worker, as long as the retailer directly employs you. California Labor Code § 3700 requires employers to provide this coverage to employees.
Your immigration status does not affect your eligibility to seek benefits. California protects all workers. You do not have to share your status to get medical care or wage support.
If you work for Target as an independent contractor, that label alone does not necessarily determine your rights. In 2018, the California Supreme Court adopted the ABC test in Dynamex Operations West, Inc. v. Superior Court. California later codified the test in Labor Code § 2775.
When the ABC test applies, the hiring entity generally must establish the following:
- Free From Control: You work independently. The hiring entity does not control your work or guide you, both in your contract and in practice.
- Outside the Usual Course of Business: The work you perform is outside the hiring entity’s usual business.
- Independent Trade: You usually work in your own trade, job, or business that matches the work you do.
If the hiring entity cannot establish all three elements, you may be treated as an employee rather than an independent contractor. You might qualify for workers’ compensation if you have a work-related injury. California law contains exceptions under which a different worker classification test may apply. Finding a workers’ comp lawyer may help you address this potential challenge in your claim.
Specific Vs. Cumulative Lifting Injuries
California workers’ compensation law recognizes two types of work injuries: specific and cumulative. Labor Code § 3208.1 defines both. This means a lifting injury need not occur in a single accident to qualify as a work injury.
Here is how the two types differ:
- Specific Injury: An injury resulting from a single incident or exposure. For example, you lift a heavy pallet of merchandise onto a shelf and feel immediate back pain.
- Cumulative Injury: An injury resulting from repetitive physically traumatic activities over time. For example, back or shoulder problems may gradually develop after months of lifting heavy items.
Lifting-related workers’ compensation claims can include different types of injuries, such as:
- Acute Strains & Sprains: These are injuries to muscles, ligaments, or tendons. They can happen during a sudden or awkward lift.
- Spinal & Disc Injuries: This includes herniated or bulging discs. They can result from lifting heavy items like boxes or pallets.
- Repetitive Motion Strains: These are cumulative injuries. They may affect the back, shoulders, neck, or other areas due to repeated bending, lifting, or carrying over time.
- Hernias: Abdominal or inguinal hernias can occur or get worse after heavy lifting at work.
Target workplace injury lawyers often review medical and employment records to determine whether a workers’ compensation claim is valid. These records can help show that the injury occurred in connection with the employee’s job duties and document its nature, cause, and extent.
Workers’ Compensation Benefits For Injured Target Employees
California workers’ compensation helps with medical and financial benefits for work-related injuries. This includes injuries from a single event or those that develop over time. A self-insured employer remains subject to California’s workers’ compensation requirements. Available benefits may include:
- Medical Care: Workers’ compensation usually covers medical treatment needed to heal or ease a work injury. This includes:
- Doctor visits
- Surgery
- Medications
- Physical therapy
- Other approved care
In California, chiropractic treatment is typically limited to 24 visits per injury, with some exceptions. Injured workers should not have to pay out of pocket for covered treatment.
- Temporary Disability (TD) Benefits: If your doctor states you cannot work during recovery, you may get temporary disability payments. These payments are generally about two-thirds of your average weekly wages, subject to state minimum and maximum rates. For most injuries, TD benefits last for 104 weeks within five years of the injury. Some specific conditions may have longer limits.
- Permanent Disability (PD) Benefits: If your injury leads to lasting impairment, you might qualify for permanent disability payments. The amount you receive depends on factors such as your disability rating in California’s workers’ comp system.
- Supplemental Job Displacement Benefit (SJDB): If your injury results in permanent partial disability and Target does not offer regular, modified, or alternative work, you could be eligible for a retraining voucher worth up to $6,000. This voucher can be used for approved:
- Education
- Retraining
- Certification
- Equipment
- Related expenses
The benefits an injured Target employee may receive depend on the nature, severity, and impact of the injury on their ability to work. Workers’ compensation lawyers often review medical records, employment information, and various other evidence. They do this to determine which benefits may be available.
Workers’ Compensation Cases Arash Law Has Handled
Arash Law has represented injured workers in a range of workplace accident and injury matters. The following case results illustrate some serious work-related injury cases our team has handled.
- Fall Accident: After falling four stories down an elevator shaft, our client sustained a traumatic brain injury (TBI), bone fractures, and serious internal injuries. We obtained an $11.25 million settlement for his case.
- ATV Accident: We represented a client who sustained a traumatic brain injury and other serious injuries after falling from the back of an ATV while working on a farm. We secured a $6.75 million settlement to help support his rehabilitation and assisted living needs.
- Fall Accident: Our team represented an arborist who suffered a spinal cord injury and mild traumatic brain injury after falling from a tree. We secured a $5.2 million settlement to help support the client’s recovery and future needs.
Disclaimer: Prior results do not guarantee or predict a similar outcome. Every case is different, and results depend on the specific facts and circumstances.
California Reporting Deadlines Vs. Target’s Internal Policies
California Labor Code §5400 generally requires employees to notify their employer of a workplace injury within 30 days. This state reporting requirement is separate from any internal Target reporting procedures.
California’s 30-day injury reporting rule is separate from the deadline for filing a workers’ compensation claim. Under California Labor Code § 5405, an injured worker generally has 1 year to file a workers’ compensation claim, depending on when the injury occurred, disability payments ended, or certain medical benefits were last provided. Filing a DWC-1 claim form with the employer can also affect this deadline. Because different time limits may apply, injured workers should not rely only on the 30-day reporting rule.
Target may also have internal policies asking employees to report workplace injuries promptly, sometimes within a shorter period. These internal procedures can help document the incident and start the claims process, but they do not replace California’s statutory requirements.
Key points to keep in mind:
- State reporting deadline. California law generally gives employees 30 days to notify their employer of a work-related injury.
- Internal reporting procedures. Target may have its own process or preferred timeline for reporting workplace incidents.
- Report promptly when possible. File a report as soon as you can, even if the deadline isn’t up. This helps keep records clear and prevents disputes about when or how the injury happened.
Cumulative injuries are treated differently because they build up over time rather than from a single event. Under California Labor Code § 5412, the date of a cumulative injury usually depends on when:
- The employee first suffered a disability.
- The employee knew or should have known that the disability was caused by employment.
An internal incident report is also not necessarily the same as filing a workers’ compensation claim. After an employer learns about a work-related injury, California law generally requires the employer to provide a DWC-1 claim form within one working day. This is provided by the California Division of Workers’ Compensation (DWC).
The claims process typically involves:
- Reporting the injury to the employer.
- Receiving and completing the DWC-1 claim form.
- Returning the completed form to the employer.
- Keep a copy of the form and related records for your files.
Completing and returning the DWC-1 formally starts the workers’ compensation claim process. California law also provides protections for employees who exercise their workers’ compensation rights.
After you file a DWC-1 claim form, the employer or claims administrator may investigate the claim before accepting or denying it. Under California Labor Code § 5402, if the claim is not denied within 90 days, the injury is generally presumed compensable. During this review period, the employer must authorize appropriate medical treatment within one working day after the claim form is filed, with treatment costs limited to $10,000 until the claim is accepted or denied.
Can Target Fire You For An ‘Unsafe Lifting’ Violation?
They could potentially fire you for such a violation, but it depends on the facts. Generally, as your employer, Target can enforce legitimate, non-discriminatory safety rules, including rules concerning lifting techniques or team lifts.
However, Target cannot use an alleged unsafe lifting violation as a pretext to discriminate against you for filing or stating an intention to file a workers’ compensation claim, or otherwise exercising rights protected by California workers’ compensation law.
California Labor Code § 132a prohibits an employer from firing or otherwise discriminating against an employee because the employee filed or stated an intention to file a workers’ compensation claim, or exercised other rights protected by the statute.
If Target selectively enforces lifting rules against an employee after a workers’ compensation claim while overlooking comparable conduct by other employees, that may be evidence that the stated safety violation is a pretext for unlawful § 132a discrimination.
If the Workers’ Compensation Appeals Board (WCAB) finds a § 132a violation, it may order reinstatement and reimbursement for lost wages and work benefits. The employee’s workers’ compensation may also be increased by 50%, up to $10,000, along with costs and expenses of up to $250.
Frequently Asked Questions About Target Workers’ Compensation
Filing a workers’ comp claim against Target can be confusing. Their system has layers that most injured workers do not expect. When a large retailer runs its own insurance program through a private claims company, it’s not always clear who to call or what rights you have.
Who Handles Target’s Workers’ Comp Claims?
Target is permissibly self-insured for workers’ compensation in California. It assumes responsibility for its workers’ compensation liabilities, which means it does not rely on a traditional outside insurer. Target uses Sedgwick as its third-party administrator (TPA). Sedgwick manages workers’ compensation claims on Target’s behalf, not as an outside insurer.
Sedgwick reviews your paperwork, approves medical care, and sends you benefit decisions. It works for Target, not for you. Knowing this helps you see why you may need to push back on certain decisions.
Note: Target’s workers’ compensation administrator and procedures may change over time. Check your current claim documents for the most up-to-date information.
What Should I Do If My Manager Ignores My Doctor’s Lifting Restrictions?
Injured workers can refuse tasks that exceed their medical limits. Your treating doctor notes these limits and shares them with your employer. Other doctors and dispute processes can also influence what tasks are safe. If your manager gives you work beyond these limits, you can object under California law.
If Target’s workers’ compensation program covers you through a Medical Provider Network (MPN), treatment generally proceeds under that network’s rules. California MPN rules allow covered employees to choose a provider within the network after the initial visit and provide procedures for changing doctors and obtaining additional opinions.
What Happens If Target Denies My Workers’ Comp Claim?
You are entitled to appeal. You can file an Application for Adjudication of Claim, which will open a case with the Workers’ Compensation Appeals Board (WCAB). After a WCAB case number is established, a Declaration of Readiness to Proceed may be filed to request a conference to move the dispute toward resolution before a workers’ compensation judge. That judge may then review Sedgwick’s denial.
Can I Get Workers’ Comp If The Lifting Injury Was My Fault?
Yes. California workers’ compensation usually allows a claim even if the worker was negligent. However, Labor Code § 3600 has specific exclusions and limits. These include:
- Intoxication
- Intentionally self-inflicted injuries
- Some voluntary off-duty recreational activities
Can A Target Lifting Injury Also Qualify For A Personal Injury Claim?
Yes, in some cases. Workers’ compensation is usually the only way to claim against Target for a work-related injury. However, California Labor Code § 3852 permits injured employees to file a separate claim against a third party that caused or contributed to the injury.
Workers’ compensation and personal injury claims provide different types of recovery. California workers’ compensation can provide medical treatment and disability benefits, but it does not include damages for pain and suffering or punitive damages. If someone besides the employer caused or contributed to the injury, the worker may also have a separate claim against that third party under California Labor Code § 3852.
For example, a third-party claim may arise due to:
- Negligent Delivery or Freight Driver: An outside driver carelessly shifts, drops, or moves a load. This can make the employee lift suddenly, twist, or fall, leading to injury.
- Third-Party Vendor or Contractor: An outside company creates a hazardous situation. This can cause the employee to lift awkwardly, lose balance, or react quickly.
- Defective Product or Component: A manufacturer or distributor may be liable if faulty lifting equipment or another product caused the injury.
An injured worker can sometimes pursue both claims. However, reimbursement and lien rules may impact the final recovery.
Protect Your Rights After A Workplace Lifting Injury
A workplace lifting injury can affect your ability to work, earn income, and manage daily activities. Because workers’ compensation claims involve deadlines, medical documentation, and benefit requirements, it can help to understand your rights and the options available to you.
Our Target workplace injury lawyers at Arash Law can review your case and explain the workers’ compensation benefits that may apply. We can also investigate whether a separate third-party personal injury claim may be available.
If another person or company contributed to your injury, such as an equipment manufacturer, outside contractor, or delivery company, you may have legal options beyond workers’ compensation. Reach out to learn more about the compensation you may be able to pursue under California law. Call (888) 488-1391 to schedule your free initial consultation.
