As a privately held, regional fast food restaurant chain, Whataburger has more than 670 stores in Texas, as well as another 150 stores in Arizona and New Mexico. Managed by a private equity firm, Whataburger has licensed 128 stores as franchises. The chain was once known for its unique A-framed, orange and white striped buildings. The company has renovated most of its stores to present a more contemporary appearance. Whataburger offers several burger options that receive critical acclaim for flavor and texture. Which Whataburger Employees Are Likely to File a Workers’ Comp Claim? Whataburger’s competitive advantage is the restaurant’s ability to pump out high volumes of food during the busiest times of the day. However, busy stores also mean more workplace accidents. Whataburger stores are considered small for fast food venues, which means employees have a better chance of running into each other when the pace of business increases dramatically. The fryer position is one of the most dangerous positions at Whataburger. Scalding hot grease can send a fry cook to the hospital with serious burns. Grease also contributes to slip and fall accidents that affect every employee working at a Whataburger store. Slip and falls can cause lacerations, head trauma, and fractured wrists. Whataburger customer service specialists stand between two and fours hours per shift, without getting an opportunity for a break. Long stints on their feet can place considerable strain on the legs and back. Prep cooks that slice fries and cheese are vulnerable to contracting repetitive motion injuries. How to File a Workers’ Compensation Claim A Whataburger employee that gets hurt on the job should immediately notify the manager on duty about the incident. Most Whataburger managers work the line during peak business hours, which means a manager might have witnessed the incident that caused your injury. The next step is for you and your manager to complete an injury report that Whataburger sends to its insurance company. Your manager should explain your rights and possible workers’ compensation benefits. What Should You Do After the Insurance Company’s Decision? Your employer’s insurance company reviews the injury report, as well as the evidence submitted with the injury report. One of the most important pieces of evidence is the footage from the security camera system. The footage that Whataburger submits can demonstrate which party should be held liable for the workplace injury. If the insurance company decides there is enough credible evidence, you should receive approval for workers’ compensation benefits. After approval, the insurance company informs Whataburger about the decisions and then contacts you to discuss details of your compensation. You can accept the payment terms offered by the insurance company or negotiate for a larger lump-sum settlement. If the insurance company denies your workers’ compensation claim, you can request a reconsideration of the decision or file an appeal with your state’s workers’ compensation board. Contact a Workers’ Comp Attorney Even if you think you have a slam dunk case, you should still reach out to a workers’ compensation lawyer for legal assistance. Your attorney helps you organize the evidence you need to get your claim approved. Another advantage of hiring a workers’ compensation lawyer is staying on track to file your claim before the state-imposed deadline. *Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Whataburger or another party, you may not be entitled to any compensation. Additional Resources Can Workers' Compensation Be Denied? I Got Hurt While Working for Whataburger. What Do I Do?*
