Texas McDonald’s Workers’ Comp Claims

Across Texas, McDonald’s restaurants employ thousands who keep kitchens running and customers served. While the brand is well known, many do not realize that numerous Texas locations operate as non-subscribers to the state’s workers’ compensation system. This changes the process for injured employees. Instead of filing a standard claim, workers often need to take legal action. At Armstrong Lee & Baker LLP, we guide clients through Texas McDonald’s Workers’ Comp Claims and work to recover the compensation they are owed when the system fails them.

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Understanding Workers’ Compensation

In most states, workers’ compensation covers medical care and income for injured employees. Texas is the only state where private employers can opt out and become non-subscribers.

Many McDonald’s locations in Texas have adopted this status. Injured workers cannot file a standard claim through the Texas Division of Workers’ Compensation. Instead, they may need to sue for negligence, which allows broader compensation but adds legal complexity.

Non-subscriber employees can file civil injury claims. Without legal guidance, this process often results in denied or reduced compensation.

Most Common Injuries McDonald’s Employees Experience on the Job

Fast food work may not appear dangerous, but McDonald’s employees in Texas often face fast-paced, hazardous conditions. Injuries include burns, slips, cuts, lifting strains, and repetitive stress. 

These injuries can cause long-term physical and emotional harm. As a non-subscriber, McDonald’s is still responsible for providing a safe workplace. When that duty is ignored and injury results, you may be entitled to more than basic medical costs.

Step-by-Step Guide to Filing a Workers’ Comp Claim at McDonald’s

Although McDonald’s is not part of Texas’s standard worker’s comp system, injured employees should take the following steps to protect their claim:

1. Report the Injury Immediately: Tell a manager or supervisor right away. Delays can damage your case.
2. Document Everything: Photograph the scene, gather witness names, and save all medical records.
3. Get Medical Attention Promptly: Do not wait for employer approval. Timely care supports your claim and recovery.
4. Do Not Sign Forms Without Legal Review: Some documents may limit your rights. Always consult a lawyer first.
5. Speak with a Workplace Injury Attorney: Legal guidance is key when pursuing claims against non-subscribers like McDonald’s. An attorney can help recover medical bills, lost income, and other damages.

Common Obstacles in McDonald’s Workers’ Comp Cases

Filing a claim against a non-subscriber involves challenges that injured workers should anticipate:

• Pressure to settle quickly: Employers or insurers may push low early offers that ignore long-term costs.
• Blame tactics: McDonald’s might claim you caused the injury, even when unsafe conditions or poor training contributed.
• Missing documentation: Without a formal system, crucial details often go unrecorded or overlooked.
• Fear of retaliation: Some workers avoid filing claims due to concerns about job loss, even though retaliation is illegal.

You deserve more than silence or a quick payout. Knowing your rights and taking focused action gives you the power to move forward.

Know Your Legal Rights as an Injured McDonald’s Employee

Under Texas law, non-subscribing employers like McDonald’s can be sued for negligence and do not have the legal protections available to standard workers’ comp subscribers. For instance, they cannot blame your carelessness if they share fault.

As stated by the Texas Department of Insurance, non-subscribers must notify workers of their status and remain liable for workplace injuries under common law.

If you are injured, you may file a personal injury lawsuit, seek damages for pain and suffering, recover lost income, and obtain compensation for medical treatment. Taking early legal action is essential to protecting these rights.

Tips to Get the Most from Your McDonald’s Workers’ Compensation Settlement

Getting fair compensation from a non-subscriber employer takes more than just filing a report. Use these tips to improve your outcome:

• Get everything in writing: Verbal promises about compensation or treatment mean little without proof. Keep a detailed paper trail.
• Follow through on medical care: Gaps in treatment can weaken your claim. Attend all appointments and adhere to the provider’s instructions.
• Reject low first offers: Early settlements rarely cover the full cost of your injury and recovery.
• Avoid social media: Insurers may review your posts and use them to dispute your claim.
• Understand your damages: Compensation may include emotional distress, future treatment, and reduced quality of life, not just current bills.

Call Armstrong Lee & Baker LLP for Help with Your McDonald’s Work Injury

Workplace injuries at Texas McDonald’s locations may qualify for significant compensation due to their non-subscriber status. Legal expertise is crucial to pursue these claims. Armstrong Lee & Baker LLP offers experienced assistance to fight for the full compensation you deserve. Contact 832-402-6637 for a free consultation to learn how we can help pursue your Texas McDonald’s Workers’ Comp Claim.

C.J. Baker

C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.

Get in touch with C.J. Baker now.