Whataburger Workers’ Comp Claims in Texas

An injury at work can quickly impact your paycheck, health, and peace of mind. That risk increases in busy food service roles where timing, multitasking, and physical demands collide. The good news is that there are clear legal options available. Knowing how Whataburger Workers’ Comp Claims in Texas function gives you a real edge when it comes to standing up for your rights.

At Armstrong Lee & Baker LLP, we guide injured workers across Texas through these claims when the standard workers’ comp system doesn’t apply.

Is Whataburger a Workers’ Comp Non-Subscriber?

Yes, Whataburger does not participate in the standard Texas workers’ compensation program. Instead, they operate as a non-subscriber. When a Whataburger employee gets injured at work, they may still be eligible to seek compensation, but the process takes a different legal path than a standard workers’ comp claim.

As a non-subscriber, Whataburger doesn’t have the legal protections that shield other employers from lawsuits. If a workplace injury happens due to unsafe conditions or a lack of safety measures, employees may be able to file a personal injury claim.

Common Workplace Hazards at Whataburger

Working at Whataburger involves fast movements, hot surfaces, sharp tools, and crowded kitchens. These conditions create a variety of risks for injury.

Burns from fryers or grills are one of the reported incidents. Slips and falls due to wet floors or spilled condiments are also common. Heavy lifting, repetitive strain from assembly lines, and accidental cuts add to the list.

Even tasks that seem routine can turn dangerous when safety protocols are skipped or equipment malfunctions. When injuries happen under these conditions, proving employer negligence becomes key.

In addition to physical injuries, specific working conditions, like long hours, limited staffing, or constant multitasking, can lead to rushed decisions that affect safety. When employers fail to address known hazards or overlook key risks, those choices may support legal claims. These circumstances matter in Whataburger Workers’ Comp Claims in Texas, where understanding how the workplace operates daily can influence how a case is built.

What to Do Immediately After a Work Injury

Start by informing your manager or supervisor, even if the injury seems minor. Notifying your employer promptly is more than a policy; it’s part of your legal obligation. Texas law generally allows 30 days to report a workplace injury, but acting quickly can help protect your rights.

Seek medical attention right away. Get everything in writing—doctor’s notes, treatment plans, and any instructions you receive. These records will support your case later.

According to the  Texas Department of Insurance, non-subscriber employers must file a Notice of No Coverage every year between February 1 and April 30. They are also required to file the same notice when they hire their first employee or end a workers’ comp policy.

It is important to carefully document the details of your accident. Take photos, collect the names of witnesses, and write down everything you remember while it’s still fresh. Keeping detailed notes can support your claim throughout the process.

Can You Sue Whataburger for Negligence?

Yes, in many cases you can. Non-subscribers like Whataburger are not immune from lawsuits like subscriber employers are.

To hold Whataburger legally accountable, an injured worker must prove that the injury resulted from the company’s negligence. That could mean unsafe equipment, lack of proper training, understaffing, or failure to address known hazards.

When gross negligence is involved, an employee may file a lawsuit, whether or not Whataburger carries workers’ comp coverage. Gross negligence refers to serious misconduct or a clear disregard for worker safety, and it may allow the employee to pursue additional legal options.

Some injured workers hesitate to speak up because they worry about retaliation or job loss. But the law protects your right to report injuries and take legal action when necessary.

Filing a Claim

Filing a claim against a non-subscriber employer is different from going through traditional workers’ compensation. Instead of dealing with a state-administered insurance board, you’re pursuing a personal injury claim.

Employees generally have one year to file a formal claim from the date of injury. During this time, it’s important to gather all necessary evidence, medical records, and witness statements.

Once your claim is submitted, the employer or their insurer may investigate, deny, or attempt to settle the case. They might even try to shift the blame onto you. That is why having someone who understands the rules for non-subscriber cases in Texas can make a huge difference.

In complex cases, negotiation and litigation can take time. Early settlement offers aren’t always fair, so it’s important to stay focused on securing a just outcome. Whataburger Workers’ Comp Claims in Texas often involve disputes over fault and damages, so keeping thorough records during your recovery can help support your case.

What Benefits and Compensation Are Available?

Traditional workers’ comp has limits. But as a non-subscriber, Whataburger may be required to cover more than just medical bills.

This could include:

• Medical bills (including future care)
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Physical impairment

What you recover depends on how severe the injury is and whether the employer was responsible. Since the process follows personal injury rules, outcomes often vary and may involve negotiation or legal action.

Additional compensation may be available if the employer acted recklessly or failed to provide proper safety equipment. It’s not just about covering lost income; it is about regaining stability after an avoidable injury at work.

Your Rights as an Injured Employee in Texas

Texas law protects all employees, even when employers choose not to carry workers’ comp insurance. If Whataburger fails to provide a safe working environment, employees have the right to seek damages through the courts.

Injured workers may still bring a claim, though it would be treated as a personal injury case against the company. The employee must show how the employer’s actions contributed to the injury, which may allow for additional types of compensation.

Employees also have protection against retaliation. It is illegal for Whataburger to fire, demote, or otherwise punish you for reporting a workplace injury or filing a claim.

Injuries don’t always happen in a single moment. Depending on the job duties, some health issues may take time to appear. These situations can still raise legal questions about safety and reporting responsibilities.

How Armstrong, Lee & Baker Can Help

Claims involving Whataburger can be more complicated than regular workers’ comp cases. As a non-subscriber, they follow different rules that can impact how your claim is handled and what compensation you might pursue. Without the typical protections in place, navigating the process on your own can be overwhelming. That’s why it’s important to understand your rights when dealing with Whataburger Workers’ Comp Claims in Texas.

At Armstrong Lee & Baker LLP, we take the time to explain your rights, walk through your options, and offer clear guidance based on your situation. Let’s talk about your case and what steps make sense for you. Contact us today at 832-402-6637

Texas Non-Subscriber Companies

• Coca Cola
• Dollar General
• Home Depot
• Igloo

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.