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..
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.
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.
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.
(281) 453-5312 direct
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.
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