Texas Non-Subscriber Law
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:
- Asserting the employee’s own negligence caused their injuries;
- Asserting that a fellow employee’s negligence caused the person’s injuries, and
- Asserting the injured employee knew their actions could be dangerous and voluntarily accepted the risk.
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.
Will H-E-B Deny My Claim if I Fail a Drug Test?
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.
What to Do If You Are Injured as an H-E-B Worker?
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.
Contact a H-E-B Workers’ Compensation Lawyer
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.