Work Injuries to Whataburger Workers
While all Texas industries have nonsubscribers, you might find it surprising that the largest percentage of employees working for a nonsubscriber exist in the fast-food industry. Whataburger is one of the very large chain with more than 25 franchisers and 800 locations who do not subscribe to worker’s compensation. They are a Texas Nonsubscriber. A Texas non-subscriber personal injury case is not your typical workers’ compensation case.
Fast-food restaurants generally don’t carry workers’ compensation as a way to save money, so you should consult with a workers’ comp attorney before you file a workers’ comp claim against Whataburger.
Not a Whataburger case? View list of Texas Non-Subscribers Companies.
How do I know if I am an injured worker in a Non-Subscriber case?
According to the Texas Department of Insurance, nearly 44% of Texas employers do not subscribe to workers’ compensation.
Primary reasons why large non-subscriber employers say they do not purchase workers’ compensation coverage:
- Workers’ compensation insurance premiums were too high
- The employer felt the company could do a better job than the texas workers’ compensation system at ensuring that employees injured on the job receive appropriate benefits (medical and wage loss)
- Employers are not required to have workers’ compensation insurance by law
- Medical costs in the workers’ compensation system were too high
For employers that provide workers’ compensation insurance coverage, Texas law limits the employer’s liability for work-related injuries of employees. Non-subscribers are not given these legal protections. This means that if an injured employee files suit and is able to prove that the injury was due to the employer’s negligence, the non-subscriber could be subject to high damage awards, including punitive damages and damages for pain and suffering. The employer might also be required to pay defense-related legal expenses, such as attorneys’ fees.
Non-subscribers also lose certain common-law defenses, including:
- The injured employee’s negligence caused the injury;
- the negligence of fellow employees caused the injury; or
- the injured employee knew of the danger and voluntarily accepted it.
State Workers’ Compensation Laws
Each state has a workers’ compensation benefits system setup to protect injured employees. Texas is one of only two states not requiring companies to subscribe to state-regulated workers’ compensation insurance. But just because employers are workers’ compensation nonsubscribers in Texas does not mean employees lose their rights under the law.
Many Houston work injury attorneys simply do not understand the differences between traditional workers’ comp and nonsubscriber claims. To learn whether you could benefit from these State laws, please call us now for a free consultation at (346) 347-7777.
Hurt on the Job while working your shift at Whataburger?
Whataburger is an American fast food chain whose first restaurant was opened in Corpus Christi, Texas in 1950 by Paul Burton and Harmon Dobson. The chain was known by its distinct A-framed buildings with orange and white striped roofs. The first A-frame restaurant was built in Odessa, Texas, and it is now a historical landmark. Whataburger hires employees to work in many different roles, which include.
- Cleaning personnel
- Storage worker
Job duties can expose Whataburger employees to workplace accidents causing severe injuries, some of which are:
- Fry cooks can suffer serious burns on their faces and necks from splattered grease
- Cleaning personnel can slip and fall while cleaning the restrooms
- Fractured legs and ankles, or back sprains by storage workers
- Torn shoulders and back herniations from lifting cooking supplies
Read also: Most Common Work Injuries
No matter the type of injury you suffered while working for Whataburger, we can help you navigate all the obstacles of your claim! At Sandoval Law Firm, we understand the specific requirements injured workers must meet in order to establish a Texas work injury case and we can handle your claim for you. Injured workers have a right to file a lawsuit for medical expenses, lost wages, physical pain and mental suffering and disfigurement.
Types of Compensation You Might Expect
To maximize your payout during a Whataburger’s claim in Texas, it’s recommended to prioritize your personal health first. Then, with the help of a work injury attorney, follow all the rules Whataburger has in place for filing your claim with its insurance company.
A claim against Whataburger can result in payment for all your accident-related medical expenses. You can also receive benefits to cover lost wages while you’re temporarily or permanently out of work.
Non-Subscriber Work Injuries: For Whataburger workers – Attorney Hector Sandoval
For Whataburger workers, or anyone else working for a non-subscriber to TX worker’s comp, who suffer a serious injury on the job, it can be a challenge to know where to turn for help. Workers’ comp involves detailed processes, so an attorney can have a positive impact on your claim. Please call now for a free consultation at (346) 347-7777.