Wendy’s is a well known fast food restaurant chain that can be found just about everywhere in suburban malls and near to major highways, often just out of town. In winter, the prospect of negotiating icy access ways to the restaurant, typically across a parking lot, can turn into a slip and fall nightmare for workers and customers. Wendy’s employers who slip over and injure themselves while at work at least have the option of claiming workers’ compensation, a payment which can theoretically pay all medical bills and a percentage of any lost wages. Wendy’s Company Profile Wendy’s has been around for at least 50 years. It is a competitor to the other two main burger type fast food chains, Burger King and McDonald’s. Currently, Wendy’s is number three, with around 6,500 restaurants, most of which have been franchised. About three quarters of all Wendy’s restaurants are located in North America with many more spread around the world. The headquarters are in Dublin, Ohio. What Are My Rights if I Slip and Fall on Ice at Wendy’s? As long as you were definitely at work, any injury or illness while you work at a Wendy’s restaurant should be covered by the company’s workers’ compensation insurance policy. The main stipulation is that you were at work when the accident happened and you weren’t drunk or trying to have an injury deliberately. Not all insurers are quick to proceed with a workers’ comp. claim, so you may find that an attorney’s help will speed things up. Workers’ comp. is a basic form of compensation. It does pay any medical bills as long as they are documented, and it pays part (typically around two thirds of what might have been earned) of any lost wages if it is impossible to return to work at the restaurant because of treatment or recovery from an illness. The Process for Filing a Slip and Fall Accident Every state has slightly different rules for filing a workers’ compensation claim. You must inform your employer as soon as possible and ensure that the accident has been reported officially. Every employer will have some kind of ‘accident log’ which will be used to record accidents. You may then have to file a claim with either Wendy’s own insurer or a state agency responsible for workers’ comp. The insurer will no doubt want to know that the accident genuinely happened at work and that the expenses claimed have been justified by a doctor or medical institution. In some cases, insurers will insist on using a preferred medical provider, at least for an initial assessment of your medical condition after an ice injury. How a Workers’ Comp. Attorney May Help You It can sometimes be easier to deposit the responsibility for a claim directly with an experienced workers’ comp. attorney rather than worry about filing the claim yourself. Attorneys who work with workers’ comp. claims regularly know the process well and what it takes to convince an insurer to pay the right amount of compensation. If your claim is denied for any reason you will find that you will almost certainly need an attorney to help with an appeal. Additional Resources Help! I was Hurt Working for Wendy's! Workers’ Compensation in the Fast Food Industry *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 Wendy’s, or any other party, you may not be entitled to any compensation. Additional Resources Hurt Working At Jeremiah’s Italian Ice*
