November 6, 2026 · San Antonio, Texas · Published by Beverly Law
Hurt at work in Texas?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
What was reported
Seven of the 10 citations were later dropped in an informal settlement, leaving three violations and $49,650 in penalties, according to the Express-News. An OSHA spokesperson told the newspaper the citations were issued Sept. 30. H-E-B told KSAT that OSHA dismissed the seven violations after the company presented evidence of its safety training, processes and compliance.
According to a lawsuit filed by the worker’s family, as described by the Express-News, he was operating a pallet jack on April 4 when a forklift driven by another employee broadsided him. He died four days later. KSAT reported that the Bexar County Medical Examiner’s Office attributed the death to a pulmonary thromboembolism caused by a recent blunt force injury and ruled it an accident.
Two of the remaining citations relate to the April 4 accident, the Express-News reported: one says H-E-B failed to complete and document a required evaluation after the mishap, and the other says an equipment operator failed to keep control of a pallet jack. The third says H-E-B used a forklift trainer who had not completed the company’s instructor program. Each carries a $16,550 penalty, according to the newspaper.
OSHA told the Express-News that H-E-B agreed to put enhanced safety measures in place and that the agency is waiting for the company to carry them out. “We will continue to work with OSHA to make our workplaces as safe as possible,” H-E-B said in a statement quoted by both outlets.
The family’s wrongful death lawsuit accuses H-E-B of negligence, including failing to provide adequate training, the Express-News reported. In August, H-E-B asked the court to send the case to arbitration under the worker’s employment agreement, and the court has not ruled, according to the newspaper.
Free case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
What this means for your case
In Texas, a wrongful death lawsuit generally must be filed within two years of the death under Tex. Civ. Prac. & Rem. Code § 16.003. Texas lets private employers choose whether to carry workers’ compensation insurance, and under Texas Labor Code § 406.033 an employer without coverage that is sued over an on-the-job injury or death cannot defend by arguing that the worker was negligent or that a coworker’s negligence caused the injury. The same section still requires the plaintiff to prove the employer’s negligence. Neither outlet reported whether H-E-B carries workers’ compensation. Our guide to Texas non-subscriber work injury claims explains how these cases work. Texas cases are handled by the firm’s Texas-licensed attorneys.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Injury lawyer — Beverly Law
If you were hurt because of someone else in California, Texas or Washington, talk to a lawyer about your options. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Injury news · Texas non-subscriber work injuries · Texas wrongful death and survival claims · Texas · Law Blog
Sources
- San Antonio Express-News: H-E-B cited for safety violations after San Antonio warehouse worker’s death
- KSAT: H-E-B faces nearly $50K in penalties amid federal investigation into employee’s death
- Tex. Civ. Prac. & Rem. Code § 16.003, two-year limitations period for personal injury and wrongful death
- Texas Labor Code § 406.033, defenses barred for employers without workers’ compensation coverage
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 7, 2026.