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H-E-B Workers’ Compensation Lawyers in Texas

While groceries are not the riskiest places to work in, accidents can occur. When they happen, workers’ compensation insurance covers your medical expenses and lost income. But, employers like H-E-B lack this insurance. You can still get support with your medical expenses and income through a claim; our lawyers at Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. can help. When you reach out, we will help you file a claim for your injuries.

Common H-E-B Injuries

Groceries are not the most dangerous workplaces. But, there’s still the possibility of getting injured while working. These injuries can arise from wet floors, items on the floor, or accidents:

  • Strains and sprains while lifting heavy products
  • Slip-and-fall injuries can result from wet floors, falling from a ladder, or tripping on objects on the floor, leading to cuts, bruises, and head and back injuries.
  • Cuts and burns for employees working in the food preparation department
  • Chronic pain and joint mobility issues resulting from overexertion and repetitive movements
  • Workplace violence or assault
  • Leg, foot, and back injuries from prolonged standing
  • Death – workplace risks such as robberies, slips, and falls could result in injuries that kill an employee. When this happens, the loved ones can claim death benefits.

Key Steps After a Workplace Injury

What you do after a workplace injury matters. Your actions can work for or against you during a claim. Here is what to do when injured at H-E-B:

Document Your Injuries

Documentation is critical to any worker’s compensation claim. Record videos or images of your injury and the surrounding environment as soon as the accident happens. Documentation also involves taking statements from coworkers or customers who might have witnessed the accident responsible for your injury. It’s also a good idea to document your progress during the treatment, especially for significant injuries like head trauma or back injuries. Some of the key components to include in the documentation are:

  • The date, time, and location of the injury
  • The witnesses’ contact information
  • How the accident happened
  • Your injuries
  • Medical records
  • Bills for costs associated with the injury

You can also document your experience throughout the recovery process. This documentation can be useful when you claim pain and suffering damages.

Seek Medical Help

You must seek medical help as soon as you’re injured at work. Some injuries may take time to show after an injury. However, delaying medical treatment can make it harder for you to prove the relationship between the incident and your injury. Seeking immediate medical care creates a chain of evidence by documenting the occurrence of the injury. It’s also possible for the adrenaline rush after an injury to mask some key symptoms after an incident; an evaluation can catch these invisible injuries right away. Your employer might require you to visit their doctor. This doctor may underreport your injuries or their severity to reduce the employer’s liability. Therefore, it’s advisable to seek a second opinion when injured. You might pay for the second doctor out of pocket, but it can be a better path to document the injuries you suffered at work more thoroughly. During the visit, explain all your injuries, including symptoms that might appear minor. Keep all your medical records, including bills and prescriptions, as part of your evidence.

Notify You Employer

Notify your employer about your workplace injury within 30 days if you’re in Texas. Do not miss this deadline if you’re to claim any compensation. The earlier you do it, the better. Notify your employee through writing. Request your manager for an incident report form or write a letter explaining the injury. Keep a copy of the report for your records. If your employer provides you with paperwork, decline to sign it. Most employers want to avoid liability. They may convince you to sign paperwork, often in a rush. Instead, contact a worker’s compensation attorney. Let them represent you and read through any paperwork before you sign. A qualified attorney will ensure you understand your rights during the process.

Contact an H-E-B Worker’s Compensation Attorney

Workplace injuries affect your life significantly. They can cause temporary loss of income, disability, or chronic pain. An H-E-B worker’s compensation attorney represents your interest during the claims process. They help you identify pitfalls and avoid bad-faith actions from your employer. Your lawyer will also represent you in court. They will also fight to ensure you get a fair settlement for your injuries. When hiring an attorney, ensure they are:

  • Licensed to work in Texas
  • Have handled similar cases to yours
  • Have a positive reputation and reviews from past clients

It’s a good idea to visit several worker compensation law firms to evaluate their services, success rates, and charges before you settle on one. This way, you’re choosing a firm that feels best aligned with your interests.

Beware of the Legal Timelines

Texas gives you up to 30 days after an injury to notify your employee. You should notify them by writing and maintaining evidence of this notice. Start preparing for a lawsuit after you notify your employer. In this case, you have two years to file a claim in court. Ensure you adhere to these deadlines so that you recover the damages from your injuries. One way to ensure you meet all the timelines is to work with a lawyer. Lawyers are already familiar with the timelines and paperwork required to notify your employer or file a claim the right way. Start working with a lawyer as soon as you’re injured to protect yourself.

Damages for Injured H-E-B Workers

The law requires all employers to create a safe space for you to work in. This includes notifying you of risk-prone areas or surfaces, providing safety equipment, and allowing enough time to work on tasks. However, accidents are inevitable. Therefore, employers rely on workers’ compensation insurance to protect themselves from lawsuits. In exchange, employers pay some fixed benefits related to workplace injuries. These include medical expenses, lost income, and death benefits. In Texas, employers like H-E-B have opted out of this arrangement. Therefore, you can sue them for the expenses and losses you suffer from a workplace injury. Fortunately, being non-subscribers, you can file a claim against H-E-B to access a broader range of compensation benefits that cover your damages. These include:

Medical Benefits

A workplace injury often leads to medical bills. These bills differ in cost depending on the severity of the injury. You can recover the total dollar value of the costs associated with treating your injuries. Future medical benefits are also available if you sustained a severe injury that requires ongoing medical care. Some of the medical expenses you’ll be compensated for include:

  • Doctor’s visits for treatment related to workplace injury
  • Prescriptions
  • Related medical procedures
  • Ambulance transportation costs for the injury
  • Physical therapy

Lost Wages

Lost wages cater to the past, present, and future income that you lose due to your injury. Present evidence of previous earnings before the injury to claim past lost income. Where your injuries reduce your capacity to work, you can claim benefits for the new difference in income. You can also request compensation for lost earning potential if the H-E-B workplace injury renders you incapable of working.

Death Benefits

Death benefits are available for the beneficiaries of a H-E-B worker who dies from a workplace-related injury. Death benefits compensate you for:

  • Lost income of the deceased
  • Lost earning potential of the deceased
  • Burial and funeral expenses
  • Medical costs  before your loved one died

Pain and Suffering

You will experience physical and emotional pain from your workplace injury. This pain tends to intensify with severe injuries. Such pain can interfere with your daily life. Therefore, you can file a claim requesting for pain and suffering damages. Since pain is not quantifiable, the court will also consider factors such as:

  • The nature of the injury
  • The emotional toll of the injury
  • The intensity of treatment required
  • The length of treatment
  • Loss of function from the injury

Punitive Damages

Texas law expects companies to act with a certain level of consideration toward their employees. They do this by providing a safe working environment and reasonable working terms. However, when a company is fraudulent, malicious, or grossly negligent and an employee is injured, then the courts charge punitive damages. Therefore, these damages are not always available for every workplace injury case.

Contact a Texas H-E-B Workers’ Compensation Attorney Today

You should not deal with an H-E-B workplace injury claim alone. These claims can be complicated and have strict timelines. It can be overwhelming when you combine this with your recovery and efforts to make a living. You can simplify your burden by working with a  workers’ compensation lawyer in Texas to help you understand your rights and your employer’s responsibilities when you’re injured at work. Husain Law + Associates—Houston Accident & Injury Lawyers, P.C. supports you through each step of the process. We ensure your employer compensates you fully for your injuries. We achieve this by negotiating with your employer, presenting relevant evidence, and representing you in court as needed. Feel free to reach out to our lawyers with questions.

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