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Common Causes of Injury for Workers at H-E-B and How H-E-B’s Non-Subscriber Status Affects their Ability to Recover Compensation

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Workplace injuries are an ever-present risk for workers despite rigorous safety rules and protocols. And unfortunately for H-E-B employees, their employer is a non-subscriber. 

Without the safety net provided by state-sponsored workers’ compensation, pursuing fair compensation often becomes an uphill and complex legal battle for affected staff members.

Common Causes of Injury for Workers at H E B and How H E Bs Non Subscriber Status Affects their Ability to Recover Compensation

Understanding Common Causes of Injury

Employees at H-E-B stores and distribution centers face a number of environmental and physical hazards that can cause workplace injuries. Some of the most common accidents include:

Slip and Fall Accidents

Slip and fall incidents are likely the #1 cause of injury for H-E-B workers. Spilled liquids, leaking product containers, and food debris on floors create ongoing slip hazards. Employees may lose their footing while quickly turning a corner with a loaded pallet jack or reaching into a crowded freezer.

Some specific causes of falls include:

  • Wet floors from weather tracking in rain/snow, overflowing floor drains, or leaky refrigerators
  • Grease residue buildup in food prep areas
  • Fruit peels/debris under produce tables or displays
  • Food spills in aisles from broken containers or shoppers
  • Pallet wrapping material, plastic tags, and product dust on floors
  • Uneven floor surfaces or loose mats/tiles that catch feet

Knee ligament tears, broken wrists trying to break the fall, and strained backs from the impact are common acute injuries. However, these falls can also cause chronic issues like pinched nerves or bulging discs over time requiring ongoing treatment.

Lifting and Strain Injuries

Stocking shelves, moving inventory, unloading trucks, and checking out customers requires repetitive heavy lifting. Bags of pet food, bulk packages, produce boxes, and more must be moved daily.

Some specifics of the lifting/motion risks include:

  • Reaching to shelve items above shoulder height
  • Bending and twisting to stock lower shelves
  • Pushing/pulling loaded pallets and carts
  • Squatting to unpack boxes on the floor
  • Scanning and bagging items at checkout
  • Carrying piles of items to customers’ cars

Without proper body mechanics and lifting techniques, this repetitive exertion takes a toll. Painful back and shoulder strains, herniated discs, muscle tears, chronic pain, carpal tunnel syndrome, and other overuse issues are prevalent for employees over months or years.

Equipment-Related Accidents

Powered industrial vehicles like forklifts and electric pallet jacks can easily pin or crush limbs when operated hastily in tight spaces. Deli slicers, trash compactors, balers, floor scrubbers, and cleaning equipment also pose unique risks.

In addition, things like:

  • Poorly maintained moving parts or safety guards on equipment
  • Insufficient operator training on machinery
  • Rushed production speed demands from management
  • Lack of spotters helping guide equipment operators

All these increase risks further. Cuts, burns, abrasions, and even amputated fingers or mangled limbs require immediate emergency care and extensive recovery time. These accidents often leave the employee unable to perform their normal job duties for months.

Parking Lot and Delivery Accidents

With hundreds of employees and customers coming and going, crowded parking lots create hazards for workers arriving or leaving shifts. Icy pavement, potholes, speeding vehicles, poor lighting at night and lax traffic enforcement endanger employees.

Tire blowouts, fender benders, and serious multi-vehicle collisions also plague delivery truck drivers on highways or in neighborhoods. Excessive schedules, inadequate truck maintenance and insufficient training amplify risks.

Whiplash, concussions, fractures, burns, lacerations, and trauma require ambulance transport, surgery, medications, and therapeutic treatment. Unsafe drivers and dangerous road conditions through no fault of the employee can instantly change lives.

Pursuing Fair Compensation Without Workers' Comp

Under standard workers’ compensation laws, H-E-B would carry insurance to pay for all approved medical bills, lost wages, and defined benefits to aid recovery for any employee injured while working. However, by opting out of this guaranteed coverage, they avoid higher premiums but leave staff vulnerable.

If an on-the-job accident occurs, the burden of proof falls onto the injured worker. To receive rightful compensation for injuries sustained, they must demonstrate:

Negligence Occurred

  • Unsafe conditions like wet floors or blocked visibility contributed directly to the incident.
  • Inadequate safety equipment or protocols failed to prevent the workplace accident.
  • A manager or supervisor directed the employee to perform unsafe work activities.

Without proper evidence, H-E-B will claim the employee was solely at fault for the incident.

Direct Damages Resulted

The employee must meticulously calculate all medical bills, lost wages, loss of future earnings, disability accommodations, out-of-pocket costs for care, and pain/suffering tied to the incident. These stacks of bills quickly add up when out of work for weeks or months.

H-E-B will try to discredit injury claims, deny time missed was necessary, and refuse payment for anything deemed “excessive” care.

Settlement or Trial Must Resolve

To force H-E-B to pay the direct damages, an experienced Texas personal injury attorney can negotiate an adequate out-of-court legal settlement or win a court judgment. But retaining legal help is an added upfront expense for injured staff now with no income stream.

Without representation, the injured worker is extremely disadvantaged facing off against the H-E-B corporate legal team.

Knowing When to Hire an Attorney

Injured H-E-B employees should consult a personal injury attorney as soon as possible after any serious incident. Waiting too long can jeopardize the ability to take legal action. There is no cost for an initial case review and consultation.

What Can an Attorney Do?

A knowledgeable qualified attorney for H-E-B workers can offer injured workers essential help including:

  • Conducting an Independent Investigation – An attorney will visit the accident scene, interview witnesses, review equipment and protocols, and establish where negligence occurred to cause the incident. Building this evidence is crucial.
  • Handling Demand Letters and Insurance Claims – The lawyer deals directly with H-E-B’s insurance providers to demand fair compensation with supporting documentation. This is extremely complex legalese and calculations are best left to professionals.
  • Filing Paperwork – There are strict statutes of limitations and procedural filings required over the course of an injury claim. Missing deadlines can forfeit rights to compensation. Paperwork is tedious but legally required.
  • Determining Long-Term Effects – It takes time to evaluate whether an injury will heal or cause lifelong impediments. A lawyer accounts for future medical expenses, care needs, and impact on employment. This boosts settlement values.
  • Calculating Damages – All direct and indirect costs over a lifetime attributed to the incident must be compiled. The wide-ranging effects of serious injuries make it highly advantageous to have legal support assessing total damages.
  • Settlement Negotiations – An attorney levels the playing field against H-E-B’s legal team to demand full and fair compensation. Without representation, the injured employee is extremely disadvantaged and may settle for pennies on the dollar.
  • Trial Experience – If a settlement cannot be reached, an employee will want the best legal representation possible headed into a courtroom. Veteran personal injury lawyers have the trial experience and resources to build the strongest case before a judge and jury.

When to Call an Attorney

Ideally, contact an attorney immediately after the incident. But it’s especially prudent to enlist legal help if:

  • Injuries require surgery, hospitalization, or extended absence from work
  • The company denies liability or disputes compensation requests
  • Insurer makes lowball settlement offer
  • Injury may have lifelong effects on the ability to be employed
  • Unsure of legal rights and next best steps

Speaking with a personal injury attorney is always a smart first move after any significant workplace injury.

Conclusion

The underlying reality is opting out of guaranteed workers’ compensation transfers tremendous risk to employees. 

H-E-B staff hurt while working give up no-fault benefits and must fight tooth and nail to recover rightful compensation for themselves and their families after an accident. The only good news is that immediate legal assistance can help injured workers navigate this turbulent situation.

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