Filing a Whataburger Workers’ Compensation Claim in Houston

Whataburger is a popular fast-food chain with many locations across the region. Although working at Whataburger can be rewarding, many employees report workplace accidents and injuries. If you have been injured on the job, it is essential to have an experienced workplace accident attorney at your side to assist you in seeking an alternative to the traditional route of a workers’ compensation insurance claim.

Unlike most states, Texas permits employers such as Whataburger to opt out of the workers’ compensation system with a non-subscriber plan. Because the benefits might be limited in scope with a non-subscriber plan, the only way for an injured Whataburger worker to receive what they deserve is to pursue a lawsuit. When you are thinking about filing a Whataburger workers’ compensation claim in Houston, call us to learn how you can file a 3rd-party claim instead.

What is a Non-Subscriber Plan?

The non-subscriber plan is a system in place that allows employers in Texas (such as Whataburger) to offer workplace injury benefits themselves instead of participating in a state regulated workers’ compensation plan. Employers can manage their own plan to cover lost wages, medical costs, and other benefits for employees.

Non-subscribing employers must create a custom injury benefit plan. These plans must still comply with federal and state regulations, such as those of the ERISA (Employee Retirement Income Security Act) guidelines.

Employers also have increased liability exposure because they no longer have the protections given to them by the workers’ compensation system. This ultimately means that employees can cite their employers for negligence (something that is not afforded through the workers’ compensation system).

Benefits and Risks of These Plans

The benefits of a non-subscriber plan for employers are that they can lower the costs by creating their own insurance plan to avoid the state-required premiums. Employers also have a greater degree of flexibility in customizing their plans to meet their workforce needs.

The risks of a non-subscriber plan are that employers are exposed to more lawsuits that may end up being costly. Employers also risk liability as to compliance issues if they do not adhere to legal and administrative standards.

If you have been injured on the job, it is important to consult with a qualified attorney regarding filing a lawsuit against Whataburger. A lawsuit can result in the prospect of a larger settlement through litigation compared to state workers’ compensation benefits.

Types of Injuries

Working at Whataburger in Houston can involve various tasks and responsibilities, some of which may lead to injury. Common injuries may be slip and falls, burns, lacerations and cuts, repetitive strain injuries, exposure to harmful chemicals, and assault.

In a fast-paced restaurant environment, wet floors may be left unattended. Employees may slip and fall while carrying food, drinks, or cleaning supplies, leading to strains, fractures, or head injuries.

Repetitive Strain Injuries (also known as RSIs) happen when an employee repeats the same task over and over again. Chopping food, assembling burgers, or operating the cash register are all activities that can lead to RSIs such as tendonitis or carpal tunnel syndrome.

Employees can be at risk of assaults with customers or other coworkers. These situations occur in high-stress situations or late-night shifts. Employees can be involved in incidents that result in physical injuries such as contusions, bruises, and fractures.

Regardless of the injuries, it’s important for Whataburger to prioritize employee safety and provide training on safety procedures, maintain a clean environment, and offer personal protective equipment.

Schedule a Call to Assist With Filing a Whataburger Workers’ Compensation Claim in Houston

Filing a workers’ compensation claim after a Whataburger injury in Houston may be impossible if they do not subscribe to the program. It is important to have an experienced personal injury attorney by your side to assist you in understanding your rights and responsibilities. Please do not hesitate and call our firm today and file a direct claim for compensation.