Pep Boys Workers’ Comp Help | Non-Subscriber Lawsuits
If you’ve been injured while working at Pep Boys in Texas, you are probably wondering what kind of compensation you will be able to receive. Pep Boys does not offer the traditional state-mandated workers' compensation and therefore considered a "non-subscriber". Pep Boys chooses to instead create their own alternative version of workers' comp and purchases benefits policies from a private entity. The amount of coverage you received is far less protective and beneficial to workers than the state-regulated insurance coverage. For this reason, many injured workers hire civil attorneys and file lawsuits for their injuries and damages. This article discusses what a Pep Boys injured employee can expect regarding compensation and provide helpful legal advice to those seeking representation.
If you were injured while working for Pep Boys, call 866-434-0014 today to speak with a legal representative regarding your rights and options.
Why Is Pep Boys A Non-Subscriber
The reason Pep Boys and other corporations do not choose to subscribe to the governments workers' compensation program is because opting out of the system allows companies to save money, control how injured employees are compensated, and they don't have to follow the strict guidelines imposed by the Texas Workforce Commission.
What Does Pep Boys Alternative Version of Workers’ Comp Look Like?
Pep Boys alternative version of workers' comp aims to mimic workers' compensation, but the benefits are more temporary, resulting in many employees finding attorneys and suing the company for their economic and non-economic damages. Texas gives companies like Pep Boys the option to choose if they want to purchase actual workers’ compensation. By opting out of workers' compensation, a company becomes a non-subscriber and must select private insurance to supply their employees. Generally, companies purchase accident and health insurance policies, or extend employer indemnification agreements to provide temporary help for after a workplace accident. However, unlike the State's workers' comp system, private plans often limit a person's benefits if they contributed in causing the accident to happen.
Since Pep Boys is a non-subscriber, they must report all workplace injuries to the Texas Division of Workers Compensation to be documented. If an non-covered employee believes their injuries were caused by Pep Boys’ negligence, they can seek legal representation with Sneed & Mitchell LLP to file a civil lawsuit against them to obtain the proper amount of compensation they are entitled to.
Pep Boys Occupational Accident Insurance Policy
Pep Boys Occupational Accident Insurance is a private policy aiming to provide medical treatment coverage and other additional benefits to independent contractors and W2 employees. But keep in mind, these policies are not state-regulated. Although the policies might grant payment for loss wages, medical care, and rehabilitation treatment, it does have policy limits, which is the biggest different between the private policy and workers' comp. There can also be different plans, which costs employees different amounts, while workers' compensation is free to the employee. Lastly, if the employee's actions contributed in causing the accident, then the benefits could decrees, or be cut off altogether.
How Do I Receive Benefits With Workers’ Comp?
Pep-Boys does not have state-regulated workers' comp, so employees are unable to secure benefits through the government mandated system. But, if they did, you would be able to inform their employer within 30 days of the injury and begin the intake process of obtaining benefits. With workers’ compensation, it does not matter whether the employee was at fault, just as long as the injury occurs at the job site and is reported in a timely manner. An employer is responsible for providing employees compensation for lost income, medical expenses, and death benefits to the family of the employee who died from a work-related injury.
There are different kinds of income benefits an employee can receive depending on how much work time was lost and the severity of the injury. Benefits such as temporary income benefits make up for 70-75% of the income an employee lost while missing work to recover from an accident. While impairment benefits provide wage benefits to employees who become physically impaired or disabled from a work injury. If an impairment injury has a rate of 15% or more, they can receive supplemental benefits (SIBS) to cover at least 20% of their lost wages due to the impairment. If an injury is considered severe and leaves an employee with a disability that will affect them for the rest of their life, they are eligible to receive lifetime benefits.
How Do Pep Boys Workplace Injuries Happen?
Whether an employee is assigned to a Pep Boys sales floor, repair bay, warehouse, or aiding its shipping and logistics departments, the risk of injury remains high. This automotive company operates more than 9,000 service bays across the United States and supplies both vehicle maintenance and fleet maintenance, which are all inherently hazardous services. Falling objects from stock shelves, head injuries resulting from a slip and fall, and tool injuries causing lacerations or amputations, are all unfortunately commonplace at Pep Boys. Other accidents include possible chemical burns, electrical shock from wire manipulation, vehicle collisions, and much more.
What Happens When My Workers' Comp Claim Is Denied By Pep Boys?
When Pep Boys denies you medical and wage benefits after an at-work injury, you should seek legal counsel and consider filing a lawsuit against your employer for negligence. Pep-Boys does not subscribe to the official state-regulated workers' compensation system, so you are not entitled to ERISA insurance plan benefits. Instead, Pep Boys created their own alternative version of workers' comp and is able to deny claims whenever they feel a worker caused their own injuries. The goal of many insurance companies and third party administrators is to limit their exposure to lawsuits and limit expenses to the employer, which leaves injured Pep Boys workers often left trying to find their own medical care and struggling to pay their bills.
Adverse Benefits Determinations
If you recently received a letter stating that the insurance company found an adverse benefit's determination, you should know that this is a denial of your at-work accident claim. This means that no occupational work insurance plan or similar will issue benefits on your behalf. Just know, this is not the end of the road for you. Insurance adjusters have an exhaustive list of reasons that the use to deny claims and avoid paying for costly medical care, many of which are not justifiable. If you received a denial latter regarding your injury claim, contact a legal professional and learn about your additional options today.
Why Did The Insurance Adjuster Deny My At-Work Injury Claim?
There are many reasons why insurance adjusters deny at-work injury claims, but not all of them are valid. Remember that insurance companies are always acting to save money by limiting their payout on claims. Some of the reasons the adjuster or administrator might have denied your claim include:
Not timely reporting the accident
Insufficient medical evidence
No evidence the accident occurred on-site
pre-existing conditions
employer disputing the cause of your injuries
engaged in unauthorized activities at the time
use of cell phone during the accident
you contributed in causing your injuries
failure to wear appropriate PPE
failure to follow company policies
failure to complete neccessary documentation
Do not think that any of these reasons prevent you from retaining legal counsel and pursing a civil claim and recovering compensation for your medical and financial needs. At Pep Boys, workplace conditions are not so black and white, employees are often pressured to complete work, told not to report claims, forced to finish tasks ahead of schedule, and not provided the neccessary tooling to perform tasks. The most important action for you to take next is consulting with an attorney that handles workplace accident claims.
Ways Pep Boys Can Be Held Accountable For Employee Injuries
All non-subscriber companies are required to uphold certain safety standards and continuously perform health inspections to ensure their workplace is hazard-free. If a Pep Boys employer fails to uphold these standards, an employee has the right to pursue a lawsuit against them if they have the evidence to do so. An employer can be held liable for an employee’s accident if they:
Don’t provide safety protection like hard hats, gloves, or masks
Fail to perform safety inspections
Disregard hazardous conditions like spills or damaged products
Don’t provide sufficient training
Give employees defective equipment
If you suffered an injury at work and believe that your employer’s actions, or inactions, aided in causing a dangerous condition, then speaking to a Workplace Injury Lawyer is your best course of action. An attorney will review the facts of what occurred and help determine if Pep Boys can be held legally responsible for your damages.
Benefits Of Lawsuits Against Non-Subscribers
Non-subscribers like Pep Boys have less immunity from lawsuits, which makes it easier to expose them for negligence or deliberate impropriety. In a Non-Subscriber lawsuit, the employer is liable for compensating an injured employee even if it is proven that they contributed to the cause of the accident by 1%. A lawyer can help gather evidence for an employee’s case so they can receive the full amount of damages that are made possible to you under Texas law. Winning a lawsuit against an employer can give employees additional compensation for:
Pain & Suffering: An employee can be compensated for physical and mental pain such as PTSD or depression resulting from an injury.
Punitive Damages: An employer can be punished for acting dishonorably towards an employee.
Injunctive Relief: A court order can be placed on an employer to prevent them from causing future misconduct.
Financial Loss: Medical bills, lost wages, and lost future earning ability can all be compensated for.
These are but a few examples of the benefits of taking legal action against an employer. It’s important to remember that an employee must be able to prove their employer was negligent in order to receive these benefits.
How Long Can I Wait To File a Pep Boys Non-Subscriber Claim?
Most non-subscriber companies require employees to sign an arbitration agreement which gives them on average about 2 years from the day of the injury to file a claim. However, this is not always the case for every company. Some companies only give employees 6 months to a year to file a claim and after that, the employee forfeits all rights to take action against them.
Help With Workplace Injury Claims Against Pep Boys
If you were injured while working for Pep Boys and need assistance with the workers' compensation process, call 866-434-0014 today. It can be stressful to deal with Pep Boys alternative insurance program on your own, especially while you are hurt. Our team of experienced and compassionate workplace accident lawyers will review your case, determine who is at fault, and help you acquire the benefits you are entitled to.