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MY SON WAS AT WORK AT HEB HE WAS BRINGING CARTS IN AND A TRUCK HIM . HE ADMITTED IT WAS HIS FAULT ..

Abilene, TX |

HE HAD XRAYS NOTHIN WAS FRACTURED . HE HAS A CHIP ON ANKLE BONE AND JUST TERRIBLY BRUISED GOING TO THERAPY 3 TIMES A WEEK .. CAN NOT WORK OR PLAY SOCCER..

Attorney Answers 11


  1. Don't know your question; but to clarify, a chip of a bone is a fracture - and can be quite serious, depending upon circumstances. Contact local and qualified personal injury litigation counsel. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. You'd be surprise at how often this happens. You'd also be surprised at how often those who admit fault at the scene seem to change their minds once they speak with a relative or their insurance company. Also, there may be other injuries that the x-ray didn't show. You and/or your son if he's 18 or older need to contact a personal injury attorney in your area as soon as possible. Best of luck to you and your son.


  3. If you are asking if your son might have a case against the truck driver, the answer is yes he does. You should seek an appointment with a personal injury attorney immediately.

    Your son should also be receiving worker compensation.

    Good Luck,

    Any communication through the Avvo site with Portner Bond, PLLC or any individual member of the firm does not establish an attorney-client relationship. Any information given by Portner Bond, PLLC or any individual member of the firm through the Avvo site is general information and should not be relied on as legal advice. Confidential or time-sensitive information should be conducted in person with an attorney.


  4. He has a workers compensation claim and may have a third party personal injury claim. He should hire a personal injury lawyer to handle his case. He should not talk to the other sides insurance company until he talks to a lawyer.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  5. Call a workers compensation attorney in the County in which he works.


  6. Your son has a workers compensation claim and a third party liability claim (assuming the truck driver was not a co-employee). He should contact a good texas personal injury attorney about how best to proceed.

    Good luck.


  7. Last time I handled an employee claims against HEB, they did not have a worker's compensation for their employees. They carry an alternative "ERISA" plan that pays for medical expenses and some percentage of lost income but not for anything else. He should contact his supervisor and report the incident immediately and in writing, if he has not already done so. Failure to report the claim can cause a loss of benefits.

    Second, he has a claim against the other driver regardless of whether there is workers comp or any other insurance coverage. Those coverages would simply seek reimbursement from any recovery from the other driver.

    Third, he can make a claim for PIP under his own auto policy.


  8. A chip is a fracture. Retain a local personal injury lawyer to pursue a claim against the truck driver.


  9. HEB, the last time I sued them, did not have worker's compensation insurance. Therefore, you can sue them and the other driver. HEB has a Plan A and Plan B which gives you different coverages. You need to check. The question I have is whether you were hit by a HEB employee. I have handled a case where a HEB employee was hit by a HEB truck. We were successful in getting the client just compensation. Give me a call if you like to discuss.

    The information contained herein is not to be construed as legal advice. The questioner should seek independant legal advice from a qualified attorney after establishing a proper business relationship. Forrest Welmaker is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. No attorney fees unless a recovery is made. Doctor referrals are usually available, depending on case. Should you need further information, please do not hesitate to contact the Welmaker Law Firm, P.C., for a free consultation. 210-828-6033 800-494-1916


  10. HEB is a non subscriber - they have no workers comp. Instead they have an employee accident insurance plan which pays medical and lost wages. They often deny claims and deny or delay treatment. The plan does not pay for other damages unless a claim is made.

    Under the terms of the plan, the employee cannot sue H-E-B or the plan administrator. Claims are instead resolved under the plan by mandatory mediation. If the claim is not settled at mediation, the plan requires binding arbitration through AAA. He may also have a personal injury claim against the driver. I have handled these claims and charge nothing unless I recover.

    While it is sad that employers are forcing their employees to agree to waive their Seventh amendment right to jury trial, I have found that the HEB arbitration process gets better results for my clients than conservative Texas juries. If your son was hurt in Abilene, you have a generally conservative jury pool.

    Call me on Monday for a free consultation with a board-certified personal injury attorney.

    John Zgourides
    (281) 453-5312 direct
    Web: www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  11. Your son has a case. Depending on the situation, he may have a potential case against the driver and HEB (if they do not subscribe to workers compensation). More info would be needed. If you have not retained a lawyer you should. Good luck.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.

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