When “Getting the Job Done” Leads to Severe Injury
In large home improvement and hardware stores, employees are constantly moving bulky, heavy, and awkwardly shaped merchandise. While workers often feel pressured to stock shelves quickly, lifting large items without assistance is a direct violation of safe workplace practices.
When an employer fails to train its staff to ask for help, or simply fails to provide that help, the physical consequences for the worker can be devastating.
This became a painful reality for a 70-year-old retail employee working in Weatherford, Texas. His dedication to his job resulted in massive trauma to his shoulder and spine because he was left to handle awkward, heavy materials entirely on his own.
If your employer failed to provide a safe workplace and you were seriously injured, you may have a powerful Texas non-subscriber case—don’t ignore your rights."
Stocking Fence Rails Without Assistance
On August 11, 2022, during the early hours of his shift, the 70-year-old employee was performing his assigned duties. He was tasked with moving and lifting multiple heavy fence rails.
Fence rails are notoriously large and awkward pieces of merchandise. Handling them safely requires teamwork. However, the employee was left to lift these multiple fence rails completely by himself.
Without the necessary physical assistance, the sheer strain of lifting and maneuvering the long, awkward rails caused sudden and severe trauma to his left shoulder and upper back.
Torn Tendons and Severe Spinal Stenosis
The human shoulder and spine are highly susceptible to tearing under immense strain. Extensive diagnostic imaging revealed that the worker suffered a devastating combination of injuries:
- Severe Shoulder Tears: MRI results confirmed near full-thickness, full-width tears of the supraspinous and intraspinous tendons in his left shoulder.
- Bicep and Joint Damage: He also suffered severe long head biceps tendinosis with a longitudinal split-thickness tear, alongside high-grade glenoid chondrosis.
- Cervical Spine Trauma: A cervical MRI revealed moderate to severe neuroforaminal narrowing and spinal canal stenosis across multiple vertebrae, causing compression against the spinal cord.
After exhausting all non-surgical options, the injured worker was forced to undergo left shoulder arthroscopic surgery on May 21, 2024—nearly 21 months after the initial incident. He continues to require physical therapy to manage debilitating pain and severe limitations in his range of motion.
The Staggering Financial Toll of Employer Negligence
This catastrophic, career-ending injury was not simply bad luck; it was a preventable failure in workplace safety. According to the allegations in this case, the employer failed to provide a reasonably safe workplace through several critical oversights:
- Failure to Train: The employer allegedly failed to provide any training on how to properly stock multiple fence rails without assistance.
- Lack of Safety Protocols: Management allegedly failed to train employees to request assistance when working with large, awkward merchandise like fence rails.
- Failure to Provide Help: The company allegedly failed entirely to provide the physical assistance necessary to do the job safely.
Before the accident, this dedicated senior worker was earning $20.00 an hour, working up to 43 hours a week. Because his employer failed to assist him, he has accumulated over $195,000 in past medical expenses. Furthermore, he has suffered nearly $31,000 in lost wages, facing the grim reality that returning to a physically demanding retail job is highly unlikely.
Crucial Takeaways for Retail Employees
This worker’s heartbreaking story offers an essential warning for hardware and retail workers across Texas:
- Never lift awkward merchandise alone. Items like fence rails, lumber, and large appliances require a team lift. Do not risk your shoulders or spine to save time.
- Demand assistance. If your employer does not provide someone to help you move heavy objects, stop the task. Your health is more important than stocking a shelf.
- Hold negligent employers accountable. If your company fails to provide help or training, and you suffer torn tendons as a result, they can be held financially responsible for your orthopedic surgeries and lost wages.
Injured at Work?
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Non-Subscriber claims in Houston, Dallas, Austin, Corpus Christi, San Antonio and The Rio Grande Valley.
How Sandoval Law Firm Helps Injured Retail Workers
At Sandoval Law Firm, we represent injured workers throughout Houston, Weatherford, Dallas, Fort Worth, The Woodlands, and communities across Texas who have suffered serious workplace injuries caused by unsafe working conditions.
Whether your injury occurred at a:
- Home improvement or hardware store
- Retail stockroom or supercenter
- Warehouse or distribution center
- Lumber yard or commercial shipping facility
Our experienced legal team is here to help you understand your rights and determine whether you may have a claim against your employer, especially if they are a Texas non-subscriber to workers’ compensation.
No dedicated employee should lose their livelihood and face invasive shoulder surgery because an employer refused to provide help lifting fence rails. If you were injured on the job and believe unsafe conditions, lack of training, or failure to provide assistance contributed to your accident, contact Sandoval Law Firm today for a free consultation. We will review your case, explain your legal options, and fight to help you recover the compensation you deserve.
