If you sustained injuries while working for H-E-B in Texas, we encourage you to contact a specialized H-E-B workers compensation lawyers today. Texas is the only state that does not require private employers to subscribe to workers’ compensation insurance. H-E-B is one of the companies that does not subscribe to workers’ compensation coverage. If you need assistance obtaining H-E-B workers’ compensation benefits, contact Armstrong, Lee & Baker LLP today.
HEB is a non-subscriber because it offers its own workers’ compensation program. Personal injury claims against non-subscribers are similar to ordinary negligence lawsuits. To get compensation, you must show that HEB caused your injuries. In most situations, your claim will assert these four elements:
Texas does not require most private employers to carry workers’ compensation coverage. Those employers that do not have workers’ compensation insurance are called non-subscribers. Without workers’ compensation insurance, H-E-B and other non-subscribers lose valuable legal protections, including immunity from most lawsuits filed by injured employees. Subscribing to workers’ compensation coverage limits a company’s liability. If a company is not a subscriber, injured workers can file a lawsuit against that company that could result in a significant award. Employers who are non-subscribers also lose the right to raise certain defenses, including:
What’s more, Texas law prevents non-subscribers like HEB from raising many common defenses in negligence cases. With these restrictions, you can receive compensation even if you share some blame for your work-related injury. We put together a blog on what you should know if your employer is not a subscriber to worker’s compensation to help. Even though H-E-B in Texas does not have workers’ compensation insurance, the company must follow specific rules under Texas non-subscriber law. For example, companies like H-E-B that employ more than five people must report all lost-time injuries and fatalities. Unfortunately, some employers do not follow the rules, leaving their employees even more vulnerable after an injury.
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We often receive the question, “What if H-E-B won’t pay workers’ compensation benefits because I failed a drug test?” If you fail a drug test, H-E-B is almost certain to deny any claim for injuries. You need to provide evidence that the drugs in your system did not contribute to or cause your injury. If there are applicable workers’ compensation-like benefits, the company might be required to pay benefits if you suffered a legitimate on-the-job injury. Because H-E-B in Texas does not have workers’ compensation, you need to speak with a Texas workplace injury lawyer immediately to help you navigate your claim.
H-E-B might offer some benefits to injured workers depending on the company’s current policies. You might also be subject to arbitration depending on the partner agreement you signed at the time of hire. The Texas Department of Insurance has a coverage comparison chart that outlines potential compensation depending on whether an employer has workers’ compensation coverage, alternative policies, an unauthorized policy, or no coverage. However, the best way to determine how much compensation you might receive is to contact a lawyer.
Grocery stores like HEB may appear clean and organized, but these workplaces can be full of hidden dangers. Employees face many risks, even when completing what appear to be routine tasks. We’ve compiled some of the typical injuries we see in HEB employees.
Most products come packaged in boxes and pallets. Employees must use sharp knives to open these shipments. Managers must train employees to open these packages properly and provide the right tools to keep workers safe.
Likewise, HEB stores have busy delis and kitchens. Employees in these areas use slicers, knives, and other tools to prepare products. HEB is responsible for any cuts or lacerations that happen during the performance of these duties.
Stores often have high shelves full of heavy objects on the main floor and in stockrooms. HEB must ensure shelves don’t create a hazard for shoppers or workers. But in many cases, managers and other employees neglect this duty. As a result, shelves become crowded and dangerous over time. Eventually, an object will fall and hit an employee, leading to severe injury.
HEB often requires its workers to pick up heavy products and equipment. However, many employees don’t have the proper training or assistive equipment to lift these objects safely. As a result, they overexert themselves and suffer from muscle strains and other lifting injuries.
Grocery stores often have wet floors and cluttered aisles. These hazards can cause workers to lose their footing and fall. Even a minor fall can lead to serious harm, such as broken bones and brain injuries. HEB must prevent this harm by conducting regular floor inspections, cleaning up spills, and placing wet floor signs.
HEB doesn’t make it easy to get compensation for your workplace injury. Follow these steps to maximize the strength of your claim.
Notify your superior as soon as possible after the injury. Explain what happened and any pain you feel. Your supervisor will report your injury through proper channels within HEB. This step creates a record of your injury, which will be crucial for proving liability.
Also, do not sign anything during this process. HEB may ask you to agree to terms that can prevent you from getting fully compensated. If this happens, politely request to speak with an attorney before signing.
HEB may offer to send you to a doctor to evaluate your injuries. The physician will diagnose your condition and determine whether you can return to work.
It is not uncommon for the physician to say you are ready to return to work, even if you are still in pain. If this happens, you can see another provider for a second opinion. However, it is unlikely that HEB will pay for this second visit.
Keep all records that demonstrate HEB’s liability or the extent of your injuries. These can include photos or videos of the store, medical records, and witness statements from coworkers. An attorney may need these records to hold HEB responsible when seeking compensation.
A lawyer is an advocate who can help you during this process. Attorneys understand the tactics employers use to undervalue injuries and take advantage of workers. By working with a lawyer, you can ensure HEB complies with Texas law regarding your injuries. If the company denies or undervalues your claim, your attorney can begin legal action to help you get fair compensation.
You can request economic and noneconomic damages when filing a personal injury claim against non-subscribers like HEB.
Economic damages are costs you incur due to the injury. Examples include medical expenses, prescription costs, lost wages, and rehabilitation. Noneconomic damages are unquantifiable harms caused by the injury. Examples include pain and suffering, mental anguish, physical impairment, and loss of enjoyment of life.
The total value of your claim can be much greater than the benefits HEB might initially offer. That is why it is important to speak with an attorney as soon as possible after your injury.
If you sustained a serious injury while working for H-E-B, we understand it can be challenging to know where to turn for help. The H-E-B workers’ compensation lawyers at Armstrong, Lee & Baker, LLP have experience helping our clients pursue H-E-B workers’ compensation claims. Under current laws, there are not a lot of protections for workers employed by non-subscriber companies like H-E-B. You need someone to protect your rights and help you fight for compensation for your injuries and lost time from work. If you have questions about workplace injuries and H-E-B workers’ compensation benefits, contact Armstrong, Lee & Baker LLP to schedule a consultation and learn more about your options.
“Every challenge is an opportunity for us to make a difference. Let’s work together to turn your personal injury journey into a successful path forward. ”
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Scott Armstrong
Partner
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.
Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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