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If you are hurt on the job, you might consider filing a workers’ compensation claim. In most situations, this is a straightforward process. 

This is not the case with Wendy’s locations in Texas. The company follows a unique program that can complicate your claim and prevent you from getting fair compensation. Fortunately, you may be able to file a lawsuit against Wendy’s for your workplace injury.

The Zimmerman Law Firm, P.C., can help you file a Wendy’s workers’ compensation lawsuit. Our firm can investigate your injury and fight for you to get the most compensation possible.

What Is Wendy’s Workers’ Compensation Policy?

Nearly all states require employers to offer workers’ compensation to help employees recover from work-related injuries. These states also have laws preventing employees who qualify for workers’ compensation from filing lawsuits against their employers.

However, Texas doesn’t follow this system and allows employers to opt out of the state workers’ compensation program. These companies may self-insure their workers to cover work-related injuries. Since this poses some risks, the law allows injured employees to file personal injury lawsuits against their employer.

Like many other employers in our state, Wendy’s doesn’t participate in Texas workers’ compensation. Instead, the company offers employees different benefits. If you are hurt on the job, you must file a claim with Wendy’s to receive these benefits. However, you also have the option to file a lawsuit.

Why File a Lawsuit Instead of Accepting Wendy’s Benefits?

Employers and their insurance carriers want to reduce costs as much as possible. Paying benefits to employees increases costs, which impacts their profitability. For this reason, employers like Wendy’s try their best to offer little to no benefits to injured workers. 

In some cases, Wendy’s may make filing a claim difficult by requiring you to meet specific deadlines or having you sign various legal documents.

In other cases, the company might deny your injuries or pressure you into returning to work too early. If this happens, you won’t receive the proper compensation or treatment for your injuries. And even if you do manage to collect benefits, they will not cover all your losses.

Filing a lawsuit against Wendy’s can hold the company accountable. It can help you get fair compensation to cover the costs of your injury or illness.

How to File a Wendy’s Workers’ Compensation Claim or Lawsuit

Wendy’s must ensure employees have a safe workplace. The company can be responsible for any injuries that occur during your shift. Following these steps will help ensure you have a strong claim.

Notify Your Supervisor

Wendy’s won’t give you benefits if it doesn’t know about your injury. You must report any pain or other symptoms to your superior as soon as possible. Wendy’s will document your injury and may begin an investigation. 

During this time, the company may ask you to sign legal documents. These may hinder your ability to file a lawsuit or get the proper compensation. Don’t sign any of these documents without speaking with a lawyer.

Get Medical Care

Don’t ignore your injuries, even if they seem minor. Visit a doctor for a thorough exam to identify and treat unseen injuries. Your visit will also create vital medical records that you can use as evidence to link your job at Wendy’s with your injuries. 

Gather Evidence 

You need proof that your injury happened at Wendy’s, especially if the company attempts to deny your claim. If possible, try to take photos or videos of your work area and any hazards that contributed to your injury. On top of this, speak with coworkers who saw your accident to get a witness statement supporting your claim.

Work with an Attorney

Proving you deserve compensation for a work-related injury is difficult. You need an experienced professional by your side. Speak with a personal injury lawyer about filing a claim against Wendy’s. 

Your lawyer will review your case to understand the severity of your injuries. After this, they will advise you of your options to seek compensation.

Depending on your situation, this can lead to a private settlement with Wendy’s or a lawsuit that goes to court. No matter what happens, your attorney will handle the complex legal process for you so you can focus on recovering.

Types of Work-Related Injuries at Wendy’s

Fast-food restaurants are fast-paced, noisy environments. Some of the common injuries our attorneys see at places like Wendy’s include the following:

  • Burns. Wendy’s kitchen involves hot cooking equipment and oil, increasing the risk of burns and scalds for workers. Employees who come into contact with hot surfaces, liquids, or grease may need extensive medical care and suffer scarring and disfigurement.
  • Chemical exposure. Workers responsible for cleaning at Wendy’s use a range of cleaning chemicals. Improper handling or lack of protective equipment can lead to skin irritations, respiratory issues, or other adverse health effects.
  • Cuts and scrapes. Wendy’s employees use knives and slicers to prepare food and open boxes. Accidents involving these tools can lead to serious injuries that require immediate medical care.
  • Muscle strains. Workers may need to lift heavy boxes of supplies or equipment, increasing the risk of muscle strains or back injuries. Wendy’s can be liable for injuries due to improper lifting techniques or lack of proper lifting equipment.
  • Slip-and-falls. In a busy environment like Wendy’s, employees may encounter wet floors, grease spills, or cluttered areas, leading to slips, trips, and falls. These accidents can result in injuries, such as sprains, strains, or fractures.

You may be able to sue Wendy’s for any injury caused by its negligence. Speak with an attorney about your incident to see if you are eligible for compensation.

Compensation You Can Receive for Your Injury

Filing a lawsuit against Wendy’s allows you to recover any damages related to your injury. Some examples of these damages include:

  • Medical treatment, 
  • Rehabilitation,
  • Pain and suffering,
  • Scarring, and 
  • Physical impairment. 

Some of these injuries have an actual dollar value, while others are more difficult to assign an exact cost. Your attorney can help you determine the total value of your claim to get fair compensation for your injuries.

Secure Your Workplace Injury Compensation with The Zimmerman Law Firm, P.C.

Don’t wait until it’s too late to get compensation for your workplace injury. Speak with the Zimmerman Law Firm, P.C. about filing a Wendy’s workers’ compensation claim or a personal injury lawsuit. Our firm has spent over 85 years litigating personal injury cases, recovering millions of dollars for our clients along the way.

Call today for your no-cost case evaluation. 

Where You Can Find Our Waco, TX Office

Author Photo

Michael Zimmerman

Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.