Wendy’s Workers’ Comp Claims in Texas

Working in fast food often means long hours, constant movement, and exposure to safety hazards—and Wendy’s is no exception. Whether it’s a fryer burn, a slip in the kitchen, or repetitive strain from handling heavy equipment, workplace injuries are a common reality. Navigating Wendy’s Workers’ Comp Claims in Texas can be challenging because not all Wendy’s locations carry traditional workers’ compensation coverage.

Injured workers may have more legal options than they realize. At Armstrong, Lee & Baker LLP, we help Texas employees understand their rights, determine whether their employer is a subscriber or non-subscriber, and take the right legal steps to recover compensation. The type of claim you can file depends heavily on Wendy’s insurance status—and that distinction directly impacts the benefits available to you.

Is Wendy’s a Workers’ Comp Non-Subscriber in Texas?

It depends. In Texas, private employers are not required to carry workers’ compensation coverage. Many Wendy’s franchises choose to opt out of the Texas Workers’ Compensation system, making them what’s known as non-subscribers.

Because Wendy’s locations are often individually owned and operated, one franchise may subscribe to workers’ comp while another does not. This distinction has a significant impact on what legal avenues are available to you after a workplace injury.

What Non-Subscriber Status Means for Injured Employees

In Texas, employers who choose not to carry workers’ compensation insurance give up certain legal protections.  If your injury at Wendy’s happened because of unsafe conditions, lack of training, or another preventable hazard—and the location is a non-subscriber—you may have the right to pursue a lawsuit for full compensation.

Unlike traditional workers’ comp claims, these lawsuits aren’t subject to wage limits. And, rather than being settled through an insurance claims process, your case would go before a jury.

To succeed, it’s critical to build a strong record—medical evidence, eyewitness statements, and the guidance of a knowledgeable attorney can all make a major difference.

Fast Food Job Injuries: What Wendy’s Workers Face

Employees at Wendy’s often suffer injuries that might appear minor at first but can turn into serious medical concerns over time. These incidents frequently include:

• Burns caused by contact with hot surfaces like fryers, grills, or ovens
• Cuts from handling sharp kitchen tools or box cutters
• Slipping or falling due to greasy floors or spilled liquids
• Strained muscles brought on by repetitive tasks or sudden exertion
• Back problems linked to lifting heavy supplies or bending incorrectly
• Reactions to cleaning chemicals or prolonged exposure to harsh agents

Without prompt medical treatment and the right legal steps, even a small injury on the job can lead to lasting consequences.

What To Do Immediately After a Workplace Injury at Wendy’s

If you’re hurt while working at Wendy’s, what you do next—and how quickly you do it—can make all the difference. Here’s what to keep in mind:

• Notify your supervisor or manager as soon as you’re injured. In Texas, you have 30 days to report it, or you risk losing your right to benefits.
• Seek medical attention right away. Inform the provider that the injury happened at work. Make sure to follow all treatment instructions and attend any follow-up appointments to support your recovery and build your case.
• Track all expenses related to your injury. This includes receipts for out-of-pocket medical costs and mileage to and from doctor visits, which may qualify for reimbursement.

Are You Eligible to Sue Wendy’s for Negligence?

Yes—if your injury happened due to employer negligence and Wendy’s is a non-subscriber. Texas law allows injured employees to take legal action when an employer chooses not to carry workers’ comp coverage.

These situations often arise when:

• Safety rules are overlooked or not followed
• Equipment isn’t properly maintained
• Employees aren’t given adequate training
• Known hazards are ignored by management

Not sure whether your Wendy’s location carries workers’ compensation coverage or what your legal options are? Speaking with an experienced attorney based in Texas can give you the clarity and direction you need to move forward confidently.

What Compensation Can You Recover?

What you’re able to recover after getting hurt at Wendy’s depends a lot on your store’s insurance status.

If your employer carries workers’ comp, you might receive coverage for medical care, help with lost income while you recover, mileage reimbursement for doctor visits, and some benefits for permanent injuries—even if you’ve returned to work.

But if your Wendy’s is a non-subscriber and their negligence caused the injury, you may be eligible for full wage replacement, compensation for pain and suffering, loss of earning capacity, mental anguish, and disfigurement. In cases involving gross negligence, punitive damages may also be available.

Even if you return to work, you may still be eligible for impairment income benefits under the state system if permanent damage has occurred.

Why You Need a Workers’ Comp Attorney

Knowing where you stand with Wendy’s Workers’ Comp Claims in Texas can make all the difference, especially if you’re unclear about your eligibility for benefits or whether you may have the right to sue for negligence.

A qualified attorney will determine whether your employer carries workers’ comp insurance, examine how the injury occurred, and collect the documentation needed to support your claim. They’ll also make sure no critical deadlines are missed—something that often trips up injured workers.

Most importantly, your attorney handles negotiations with insurance companies and defense counsel who may try to reduce or deny your claim. With the right legal support, you’re in a stronger position to pursue full compensation under Texas law.

How Armstrong, Lee & Baker Can Help

Armstrong, Lee & Baker LLP represents Texas workers who’ve been hurt on the job and left without clear answers. If you were injured at a Wendy’s location that doesn’t carry workers’ comp insurance, our attorneys will investigate your employer’s status, build your case, and work to recover the full amount you’re owed under Wendy’s Workers’ Comp Claims in Texas.

Call 832-402-6637 to speak with our team in a free consultation.

Texas Non-Subscriber Companies

• Dollar Tree
• Family Dollar
• Kohl’s
• Macy’s

Joshua Lee

Joshua Lee believes in aggressive, tough advocacy and a client-centered approach to every case. Joshua draws from a wide body of experiences and a robust understanding of the law. Joshua graduated from the New York University School of Law in New York City, which is considered among the best law schools in the world. Our lawyers have 25+ years of combined experience.

Get in touch with Joshua Lee now.