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

Asked almost 2 years ago - 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. 11

    Lawyers agree

    Answered . 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... more
  2. 9

    Lawyers agree

    Answered . 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. 9

    Lawyers agree

    Answered . 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... more
  4. 9

    Lawyers agree

    Answered . 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.

  5. 9

    Lawyers agree

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

  6. 8

    Lawyers agree

    Answered . 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... more
  7. 5

    Lawyers agree

    Answered . 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.... more
  8. 6

    Lawyers agree

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

  9. 4

    Lawyers agree

    Answered . 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... more
  10. 4

    Lawyers agree

    Answered . 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.

  11. 2

    Lawyers agree

    Answered . 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... more

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Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

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