If you are hurt while working at McDonald’s, you may be able to file a workers’ compensation claim. Workers’ compensation is an insurance program that gives benefits to employees who are injured in a workplace accident. Almost all companies must carry this insurance just in case one of their employees is hurt on the job. Workplace accidents can happen at any time. The injuries they cause may require emergency care or a long-term treatment plan to get you back on your feet. Your injuries may even keep you out of work. To help you make up for lost wages and cover the cost of medical bills and ongoing treatment, you can file a claim against McDonald’s seeking workers’ compensation benefits. McDonald’s Workplace Hazards If you work at a McDonald’s you may fill a number of roles during your shift like: Taking orders at the drive-thru Operating a cash register Grilling and frying foods Prepping, stocking and cleaning These necessary job responsibilities can turn hazardous in a fast-paced environment like McDonald’s. Some common dangers you may encounter include: Fryers filled with hot oil Heat lamps, grill tops, and other extremely hot surfaces Slippery floors from fallen food and built up grease These open hazards can cause you to get scalded, severely burned, and even slip and fall as you perform your daily job duties. Protecting Employees with Workers’ Compensation Policies Each state has different laws that determine which companies must have workers’ compensation policies. As a general rule, a company that has more than three employees needs to carry this kind of insurance to protect its workers. Since McDonald’s is a large corporation employing nearly 500,000 workers at 14,000 restaurants nationwide, most states will require McDonald's to have workers’ compensation policies in place. These policies help injured workers collect compensation for their medical bills, lost wages, and permanent or partial disabilities caused from their accident. Workers’ Compensation Claims Against McDonald’s With fry oil and grill tops that reach temperatures in excess of 350 degrees, McDonald’s employees are at risk of burn injuries while working. In fact, 28 McDonald’s employees from across the country joined together to issue a complaint about work-related burns they received. These employees allege that the fast food giant does not properly train employees about the dangers of fry machines and hot grill tops. The group of employees suggests this lack of training combined with risky conditions caused them to receive on-the-job burns. As a result, they believe they all have legitimate workers’ compensation claims that entitle them to benefits for medical expenses and lost wages at the time of their accidents. For more specific articles on Workers' Comp while working for McDonald's, please see our page: Burns While Working at McDonald's* Bursitis While Working at McDonald’s* Concussion While Working at McDonald's* Cracked Ribs While Working at McDonald’s* Cuts While Working at McDonald's* Hernia While Working at McDonald's Injured Knee While Working at McDonald’s* Top Tips For Applying for Workers’ Compensation at McDonald’s* How to File a Claim Against McDonald’s Much depends on how badly injured you are if you have an accident while working at McDonald’s. Typical injuries occur most commonly in the kitchen where hot stove equipment and sharp blades and other machinery are potential hazards. If you are able to, while waiting for transport to take you for treatment, take notes or photos of the accident scene with any cell phone or other device that you can get hold of. Ask fellow employees to record what they saw. Let your supervisor or restaurant manager know what happened and make sure that the information about the injury is recorded officially. There is a time limit in which you must inform your employer about an injury. It is easy to forget to do this, because you assumed that the injury was recorded officially, when it might not have been. This can determine whether you eventually receive payments and when the payments are dated from. Your McDonald’s manager should tell you whether there is a preferred doctor to see first or a company hospital to use. This is determined by the restaurant’s own insurer. They may have a policy which makes it compulsory to use the preferred provider, or you can choose your own doctor or provider or a combination of the two. Again, not using a preferred doctor, or medical provider, can mean forfeiting your chance for claiming compensation. State Laws and Workers’ Compensation Each state has its own rules about workers’ compensation claims. They determine time limits and what you need to include with a claim and where the claim should be filed. In some states, the employer informs the insurer directly about a potential injury claim. In others, the claim is filed by the injured employee with the insurer and, in a few states, the claim is filed with the state WC body. The statute of limitations for workers’ compensation claims is usually two or three years from the date of the injury. If you don’t file a claim before that, you could lose the chance of obtaining compensation. In most cases, you will want to file a claim as soon as you can. Evidence that the injury happened while you were at work will be easier to obtain and there will be employees who will remember the injury and can then provide useful confirmation about the injury. Gathering Evidence for a McDonalds Workers’ Compensation Claim Insurers are most likely to deny a claim if they don’t think that the injury happened while at work. Slip and fall injuries, for example, could happen anywhere. They are also common injuries in places like McDonald’s. Patches of grease or cooking oil on the kitchen floor or puddles of liquid on the restaurant floor are potential hazards for any McDonald’s worker, whether you are a cook, or a cleaner. Evidence that the injury happened in the restaurant is therefore the most important, so that there is no doubt in the insurance adjuster’s mind that you are entitled to compensation. In addition to evidence of where and when the accident took place, you will need documentation from the doctor summarizing the nature of the injury and the treatment recommended. A doctor’s report, any evidence of hospital treatment, surgery, X-rays and other tests that cost money are all important evidence of how much the injury is worth in terms of compensation. The doctor will also decide when recovery from the injury is sufficiently advanced to allow a return to work and whether the type of work needs to be modified. This will determine when payments cease or how much the ‘lost earnings’ and other related benefits are worth. Contact a Workers’ Compensation Attorney Workers’ compensation laws are strict and can be difficult to understand. Most state laws require you, as the injured worker, to follow a specific process for filing for workers' compensation and must keep within a certain amount of time. Even if you report and file everything on time and submit the correct forms and paperwork, McDonald’s may still deny your claim. To help you navigate the complex workers’ compensation laws and policies, it is important to contact a workers’ compensation attorney for guidance. He or she will be able to handle a claim on your behalf and file an appeal if your claim is initially denied. With a skilled workers’ compensation attorney on your side, you can receive the effective representation needed to recover the benefits you are entitled to as an injured McDonald’s employee. *The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against McDonald's, you may not be entitled to any compensation.
