Were you injured working for Wendy’s? If so, you may be eligible to file a workers’ comp claim against Wendy’s. Most employers across the United States have workers’ compensation coverage to protect their employees from on-the-job injuries. A special form of insurance, workers’ compensation offers medical benefits and will cover part of your lost wages while you recover from your work-related injury. If you are hurt while working, you should tell human resources or your manager right away because an accident report must be completed. Make sure you give them a detailed account of the accident so it can be included in the report. Because workers’ comp claims are complex, you should consult with a workers’ compensation attorney. A workers' compensation attorney can give you a much better chance of winning any kind of claim against your employer. Workers' comp attorneys are not paid unless you win, so there is no hard in speaking with one today. Company Profile: Wendy’s Wendy’s was founded in Columbus, Ohio by Dave Thomas and John T. Scheuessler in 1969. Headquarters moved to Dublin, Ohio in January 2006. Wendy’s is the world’s third largest hamburger fast food chain with 6,503 locations, which is right behind Burger King and McDonald’s. The company merged with Triarc Companies Inc. in 2008, which is the parent company of Arby’s. The company now is known as Wendy’s International. There are more than 21,200 employees of the company and it has an annual revenue of $1.8703 billion. Were You Injured Working for Wendy’s? If you work at Wendy’s, here are some example hypothetical ways that you could be injured on-the-job: Grease can easily spill or accumulate on the floor of a fast-food restaurant. The grease will stick on your shoes, even if they are non-stick. You can still slip and fall, suffering a serious injury such as a broken ankle, broken arm, or back injury. You may be able to file a workers’ comp claim against Wendy’s to recoup medical costs and lost wages. While working in the kitchen, you were slicing tomatoes, onions, and lettuce. The knife slipped and you suffered a serious cut to your hand. This is a painful injury that may keep you out of work for a while. You can file for Wendy’s workers’ comp to help you during this time. When unloading a truck of supplies, you lifted a heavy box and threw out your back. Back injuries can take time to heal and can be very painful. You can file a workers’ comp claim for help during this lengthy recovery period so you can recover medical expenses and lost wages. If you are hurt while working, get medical care as quickly as possible. Make sure any witnesses give statements to the manager for the accident report. How To File A Workers’ Compensation Claim If you have suffered an injury while working at Wendy’s, you may want to pursue a workers’ compensation claim against your employer. Through a workers’ compensation claim, you can recover compensation for a portion of your lost wages – about two-thirds – and your medical bills will be covered. However, you must meet deadlines and follow proper procedures that can vary from one state to another to have your claim approved and to access the much-needed benefits. You should report any workplace accident to your employer as soon as possible. Most states allow anywhere from 3 days to 1 year after the accident for you to report the incident, but if you can report it the same day that would be beneficial. Of course, the earlier they are made aware, the better off you will be. Some states allow verbal reporting, but others require the report to be made in writing. Who it is reported to can also vary, but it is usually a supervisor, manager, or human resources department. Your employer will be required to complete an accident report, and you must provide a detailed statement about what happened. As an example, saying you slipped and fell on the kitchen floor isn’t enough. They need a more detailed statement and explanation. As an example, you were working in the kitchen area and you had walked across the room to get some more frozen beef patties. As you returned with the large bag of patties, you slipped on the tiles in front of the deep fryer. Grease has spilled from the fryer onto the floor unbeknownst to you. When you fell, you tried to catch yourself and your right hand was burned on the deep fryer. The back of your neck and head struck the metal shelving before you landed on your back on the tile floor. You suffered excruciating pain in your back and down your legs. Your hand was blistering from the burns and you immediately had a headache and neck pain. Steps To Take To File a Claim You will need to provide a statement to your employer, as the one above detailing the accident. You will need to obtain a copy of your employer’s accident report. You should get statements from any witnesses. It is imperative to establish medical care right away. Usually, there is a network of healthcare providers for employer’s workers’ comp claims. That list should be posted in a place where it easily found, such as by a time clock or in the breakroom. If you don’t see a copy, ask a manager for a copy. Failure to use an in-network doctor could leave you paying for your own medical care. Gathering Evidence You will need to maintain evidence, such as copies of medical bills, medical records, and medical excuses. Detail missed work and lost wages. You must show that your accident took place on the job and that those injuries were directly caused by the workplace accident at Wendy’s. Statements from witnesses, the accident report, and any surveillance videos of the accident can be used to support your workers’ compensation claim. Remember there are strict deadlines. All documents must be turned in before the deadline and all supporting evidence must be provided. Just missing a single deadline or failing to respond to one question or provide the needed evidence could cause your claim to be denied or you to lose benefits. A workers’ compensation attorney can help you gather the supporting documentation and get your claim underway in a timely fashion. Workers’ compensation laws do change, and an attorney will stay current on the laws and processes, so the attorney will know what must be filed and when it should be filed. Your lawyer can likely help make sure the claim stays current and everything proceeds as it should. Your attorney will work to protect your rights and will diligently pursue a claim on your behalf to see that you access the benefits that you need in such situations. Potential Settlement For a Wendy’s Workers’ Compensation Claim Of course, your settlement for a workers’ comp claim can vary greatly. The amount of your medical expenses, the length of your time off work, and whether you can return to the same line of work will all come into play. Workers’ compensation covers medical expenses, so you need to add any future medical costs with your claim amount. You will also need to determine if you are unable to work in the future. You should also add up any missed work and lost wages from the past. The severity of your injury must be determined so how your career is affected in the future can be determined and those losses can be properly added into the value of your claim and settlement. As an example, if you have suffered an arm injury and the medical expenses total $20,000 and you lose $16,000 of wages, you will be entitled to $20,000 for medical bills and then $10,720 of lost wages, which is 67 percent of your lost earnings. That total claim would be $30,720. Documentation is essential to the outcome of your claim, and you will need to talk with a workers’ compensation attorney to confirm the details and to come up with a fair settlement. Your settlement can be slowed down by a lack of evidence, or if you delayed treatment. Your employer may find out you suffered a similar injury in the past and allege that your pain was pre-existing. The claims process can be very complex, so you may want to enlist the help of a knowledgeable lawyer who understands the claims process and knows how the workers’ claims process works in your area. Remember time is of the essence and missing a deadline can cost you benefits and money. Make sure that you follow the process as you should. These benefits can significantly affect your family’s financial situation for the long-term. Consult with a Workers’ Compensation Attorney Before you file a claim for Wendy’s workers’ comp, you should consult with a workers’ compensation attorney. An attorney can help you file your claim, gather all the pertinent evidence and documentation, make sure your rights are protected, and then work to negotiate a fair settlement on your behalf so you can recover lost wages and medical bills. Negotiating with an insurance adjuster can be challenging. *The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Wendy’s, you may not be entitled to any compensation.
