Dealing With A Fast Food Work Injury? Here’s What Employees Need To Know

For customers, going to a fast food restaurant is all about comfort and convenience. But those working in the industry know that that convenience comes with a lot of behind-the-scenes hard work.

Fast food employees aren’t given enough credit for the work they do. And that can seem glaringly evident when you are injured on the job, and find yourself without sufficient support or compensation.

Work injuries deserve to be taken seriously. But too often employees are left without the knowledge and resources they need to defend themselves.

As your local Texas personal injury experts, we make it our business to ensure that businesses are treating employees like you correctly. We’ve seen firsthand how Texas’ non-subscriber laws can leave employees without the time, resources, or funds to properly care for themselves.

Today, we’re here to help you understand:

• How Texas’ non-subscriber laws can leave you vulnerable, by allowing companies to opt out of offering traditional workers compensation packages
• How to handle your fast food work injury case
• Which fast food companies are non-subscribers

Know Your Workplace: The Top Fast Food Non-Subscriber Businesses In Texas

First thing’s first: before we get into the weeds on what makes a company a non-subscriber and how that affects you, let’s determine whether or not your company is a non-subscriber in the first place.

Texas is unique, in the sense that it is the only state in the U.S. that operates under non-subscriber laws. Many of the major companies in town have chosen to opt out of traditional workplace protections. And you might be surprised to find that your employer is one of them.

Some of the most well-known non-subscriber companies in Texas’ fast food scene include:

• McDonald’s
• Whataburger
• Wendy’s
• KFC
• Pizza Hut

Work at one of these places? You’ll want to keep reading to learn how to protect yourself, legally.

Understanding Non-Subscriber Laws

You know the drill. You get injured, you file for workers compensation, and the insurance companies covers your bills and time off. If you work at a company following non-subscriber laws, though, the path forward may look a little more murky.

In Texas, a “non-subscriber” company is an employer that chooses not to participate in the state’s traditional workers’ compensation system. Instead of providing workers’ comp coverage, these companies often create their own workplace injury benefit plans and may handle claims internally.

This can directly affect fast food workers, who frequently face risks such as:

• Burns
• Slips and falls
• Repetitive motion injuries
• Lifting accidents

If a fast food restaurant or franchise operates as a non-subscriber, injured employees may have different legal rights than workers at companies that carry standard workers’ compensation insurance. In some cases, injured fast food workers may be able to pursue a negligence claim against the employer if unsafe working conditions, lack of training, or inadequate staffing contributed to the injury.

What Is Negligence In Non-Subscriber Companies?

Negligence occurs when a person or company fails to use reasonable care to keep others safe, resulting in an injury or accident. For non-subscriber employees in Texas, negligence is especially important because these workers may have the right to file a claim against their employer if the company’s carelessness caused the injury. Unlike traditional workers’ compensation cases, proving employer negligence can play a major role in helping injured non-subscriber employees recover compensation for medical bills, lost wages, and other damages

Examples Of Negligence By Fast Food Companies

Not sure whether or not your injury was caused by negligence? It can be tricky to determine, when each situation is so different. However, many negligence claims follow similar patterns in individual industries.
For fast food employees, negligence may look like:

• Failure to Maintain Safe Working Conditions – When employers fail to maintain safe working conditions, negligence can lead to serious injuries. One common example is failing to clean spills or grease from floors, which can create dangerous slip-and-fall hazards for workers carrying hot food or heavy items. Negligence may also involve failing to properly maintain kitchen equipment such as fryers, grills, or slicers, increasing the risk of burns, cuts, or electrical injuries.
• Poor or Inadequate Training – Fast food workers, especially younger or newly hired employees, may be expected to operate dangerous equipment or handle hot oil without proper instruction or supervision.
• Understaffing or Failure to Hire – Employers may also act negligently by understaffing shifts, forcing employees to rush, lift heavy inventory without assistance, or work long hours without adequate breaks. In some cases, companies may ignore previous safety complaints or fail to provide necessary protective equipment such as slip-resistant shoes, gloves, or burn protection.

Curious if your injury would be considered a result of negligence? It’s always best to consult with a reliable legal team.

Proving Negligence In A Fast Food Work Injury

Your case will be a non-starter if there is no evidence that your employer acted negligently. The success of your case hinges on whether or not you can prove that your employer acted negligently.

But, that leaves you with the question: how?

Proving negligence in a fast food workplace injury case generally involves showing that the employer failed to provide a reasonably safe work environment and that this failure directly caused the employee’s injury. An injured worker may need to present evidence demonstrating that the company knew, or should have known, about a dangerous condition but failed to correct it.

This evidence can include:

• Accident reports
• Surveillance footage
• Maintenance records
• Witness statements
• Photographs of unsafe conditions
• Prior employee complaints
• Proof of inadequate training

For example, if a fast food employer ignored repeated reports of slippery floors, defective equipment, or unsafe staffing practices, that information may help establish negligence. Medical records and documentation of lost wages can also help connect the injury to the accident and show the extent of the damages suffered by the employee.

Which brings us to our most important information yet…

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What our clients are saying about us

Kirby C.

Google Review

I cannot recommend Kelly Viktorin at Armstrong Lee & Baker highly enough. After being injured at work, I was incredibly discouraged as many attorneys wouldn’t take my case due to the complexities involved. From our very first consultation, Kelly and her team jumped right in, demonstrating a level of dedication and expertise that immediately put me at ease. Throughout the entire process, their communication was outstanding. I was consistently kept informed of any updates and felt like a priority. Kelly truly went above and beyond to fight for me, and I am so grateful for her hard work and commitment. If you’re facing a challenging work injury case, especially with a Texas non-subscriber, don’t hesitate to reach out to Kelly Viktorin. You’ll be in excellent hands.

Toby B.

Google Review

When I got injured my company didn’t have workers comp. They had something called non subscriber insurance. I tried a dozen or more lawyers and no one would take my case. I lost my house in Texas so right as I was moving back to where I was from, Florida, I called Armstrong Lee & Bkaer. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take. Over the next year, Adam because a friend and a member of the family. I found him brilliant and personable and when needed he found for me. In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me! If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!

Majah W.

Google Review

I had been injured at work, and the attorneys at Armstrong Lee & Baker fought for what I was owed. I’m graciously appreciative for their attentiveness and swiftness with handling my case. Shout out to Lindsey W.

Toby B.

Google Review

When I got injured my company didn’t have workers comp. They had something called non subscriber insurance.
I tried a dozen or more lawyers and no one would take my case.
I lost my house in Texas so right as I was moving back to where I was from, Florida, o call Armstrong and Lee. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take.
Over the next year, Adam because a friend and a member of the family.
I found him brilliant and personable and when needed he found for me.
In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me!
If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!

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4 Steps You Should Take After a Fast Food Work Injury

When you’ve been injured, time is of the essence. Non-subscriber companies are well known for pushing for fast (and oftentimes unfair) settlements. Being armed with information and a support network can help you stand up to pressure, while protecting yourself.

1) Seek Out Medical Care

The first priority should always be seeking medical attention as quickly as possible, even if the injury initially seems minor. Prompt treatment helps create medical records that document the injury and connect it to the workplace accident.

Keep in mind that non-subscriber companies may offer to pay your medical bills if you seek care from a company-sanctioned doctor. While this is certainly an option, know that if you are pursuing a personal injury lawsuit, you may be able to receive compensation for medical care that you receive at your personal preferred provider.

2.) Communicate With Your Supervisor

Employees should report any injury to a supervisor or manager immediately and request that a written incident report be completed. If possible, keep a copy of the report for your own records.

3.) Document Everything

It is also important to document everything related to the accident, including:

• Photographs of the hazardous condition
• Damaged equipment
• Visible injuries
• The surrounding work area

Gathering contact information from witnesses can also be valuable later in the case.

In addition, save all medical records, receipts, work schedules, pay stubs, and any communications with the employer or insurance representatives. Keeping detailed notes about pain levels, missed workdays, and how the injury affects daily life can also help demonstrate damages.

Employees should be cautious about giving recorded statements or accepting quick settlement offers before fully understanding the extent of their injuries and legal rights.

4.) Seek Legal Counsel

Consulting an experienced attorney familiar with Texas non-subscriber cases can help injured fast food workers better understand their options and protect their interests throughout the claims process.

We know that many victims are hesitant to hire a legal team, due to the perceived cost of hiring a lawyer. At Armstrong, Lee, & Baker, we believe that accessibility is a huge part of justice. It’s why we charge zero upfront fees, only asking for payment after we win your case!

Where Care Meets Expertise

Our team knows a thing or two about personal injury cases. Since 2017, our firm has been unwaveringly dedicated to putting our clients first. That means starting with clear communication, fair pricing, and guidance through every step of the legal process.

If you have questions, we want to provide you with answers. Reach out to our legal team today, to set up your no-cost consultation.

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.

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