Texas has unique workers’ compensation laws. Unlike in most other places in the country, the grocery chain HEB and other employers do not need to obtain a workers’ compensation insurance policy. Instead, they may choose to be non-subscribers and obtain an ERISA plan. These plans can still provide benefits to workers in the form of medical care and partial wage reimbursement, but they also leave HEB and other employers directly liable for incidents that result from their own negligence.
A lawyer is able to help you pursue workplace injury lawsuits when HEB’s negligence caused harm. These lawsuits can demand wage reimbursement not covered by an ERISA plan, as well as payments for your lost quality of life. Contact an attorney now for help with HEB workers’ compensation claims in Houston.
HEB operates many stores in the Houston area and throughout the state. In almost every place around the country, this would mean that they need to obtain a workers’ compensation insurance policy. Sadly, this is not true for stores in Texas. Instead, companies have the option to opt out of the state’s workers’ compensation insurance plan and become non-subscribers. This has an immense impact on employees who suffer on-the-job injuries.
When a company is a non-subscriber, they usually obtain an ERISA plan, which offers much the same protection as workers’ compensation but at a fraction of the price for the company. It also means that injured employees can obtain partial wage reimbursement and medical care after a workplace injury.
Where the main difference lies is that ERISA plans do not provide immunity for employers after a workplace injury occurs. This contrasts with workers’ compensation plans, which do prevent the employer from being directly liable. As a result, injured employees can collect compensation for their lost quality of life and full wage reimbursement if they can show that HEB was negligent in allowing an injury to occur. A HEB workers’ compensation claim in Houston is in better hands when there is a professional attorney on top of the case.
Traditional workers’ compensation plans operate on a no-fault model. This means that except in rare examples of an injured person’s own recklessness, an employee can collect benefits regardless of who is to blame for the incident. ERISA plans also use this no-fault model to assign benefits.
When people are seeking additional compensation through a personal injury lawsuit, they have the obligation to prove that HEB was negligent in allowing a dangerous event to occur. This may be the product of improper training programs, allowing a hazardous situation to persist, or not having proper security measures in place.
A lawyer gathers evidence and makes a case to prove employer negligence in HEB workers’ compensation claims. There are only two years after the incident to file a claim, so it is critical to swiftly act.
All people deserve the opportunity to pursue their careers free from the fear of workplace injuries. Sadly, people suffer harm every day due to a failure on the part of their employers to protect them. When those employers are non-subscribers to the state’s workers’ compensation insurance plan, those employers are directly liable for the harm that results from their negligence.
HEB workers’ compensation claims in Houston might not be as clear-cut if the employer is a non-subscriber but they provide more possibilities. These cases seek out payments beyond the usual benefits available under an ERISA plan, so get in touch with a lawyer as soon as possible.
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