Skip to Main Content
Contact US


(713) 804-8149

Whataburger Workers Compensation Claims in Texas

While all Texas industries contain nonsubscribers, fast-food is notable as having the highest proportion of nonsubscribers working there. Whataburger, an American fast-food chain established by Paul Burton and Harmon Dobson in Corpus Christi, Texas in 1950, employs approximately 10,000 workers at its numerous A-framed buildings with orange-and-white striped roofs, offering various roles, such as cooks, cashiers, cleaning personnel and storage personnel. Whataburger operates its business as a nonsubscriber with over 800 locations and 25 franchisers across Texas.

A Texas nonsubscriber personal injury case differs from traditional workers’ comp claims in that there is no set payment formula or guaranteed benefits attached. Fast-food restaurants often opt out of workers’ comp insurance to save money, so before making a claim against Whataburger you should consult a workers’ comp attorney first.

How Can I Know if My Claim Is against Non-Subscriber Companies

According to the Texas Department of Insurance, nearly 44% of Texas employers do not subscribe to workers’ compensation coverage. Main reasons why large non-subscriber employers choose not to purchase it include:

High Premiums: Workers’ compensation premiums can be prohibitively costly for employers. In order to save money and manage resources more effectively, some may opt out of state systems entirely and manage them more directly.

Self-Management: Some employers believe they can offer better benefits and more efficient management of work-related injuries than the Texas workers’ compensation system, so they may set up their own systems for medical care and wage replacement.

Lack of Legal Requirement: Texas stands out among other states by not mandating employers carry workers’ compensation insurance; thus providing businesses the ability to opt-in or out of participating in this system.

Medical Costs in Workers’ Comp: Medical expenses in workers’ comp can be high. Employers looking to opt-out hope to tightly control these costs while also sidestepping any of the bureaucracy associated with state systems. Texas workers’ compensation law limits an employer’s liability for work-related injuries that provide workers’ compensation insurance coverage.

Non-subscribers don’t enjoy these legal protections and if an injured worker files suit and proves it was caused by their employer, non-subscribers could face significant damage awards including punitive and pain and suffering damages; furthermore, they might also have to cover defense-related legal expenses such as attorneys’ fees. Non-subscribers also lose certain common-law defenses, including:

  • Employee Negligence: When injuries result from an employee’s own negligence.
  • Fellow Employee Negligence: When injuries result from negligence of fellow employees.
  • Assumption of Risk: The employee knew of and accepted voluntarily the risk that led to his or her injury.

State Workers’ Compensation Laws

Each state offers workers’ compensation benefits systems designed to safeguard injured employees. The goal of these programs is to allow injured workers to claim for work-related injuries without needing to prove fault. However, Texas stands alone by not mandating companies subscribe to state-regulated workers’ compensation insurance plans.

Texas Non-Subscriber System

In Texas, employers have the choice of subscribing to workers’ compensation insurance on an opt-in basis. Large employers such as Whataburger often opt out; this does not affect employee rights under law. Injured workers still have access to seeking compensation through Texas’ non-subscriber system; however, the process differs significantly.

Legal Rights: Even if an employer opts out, employees still have legal options available to them in terms of filing personal injury suits against their employers, which could potentially yield greater awards than what would be available under workers’ compensation.

Proving Negligence: For nonsubscriber cases, the burden lies with employees to demonstrate that their employer was negligent in causing injury. This may involve collecting evidence such as witness statements and expert opinions to support their claims.

Compensatory Damages: Employees may seek compensation for medical expenses, lost wages, pain and suffering and punitive damages.

With higher potential payouts at stake for injured workers, consulting an experienced attorney is key to receiving adequate compensation. Husain Law + Associates Accident Attorneys, P.C. is dedicated to helping injured workers receive compensation through both traditional workers’ comp and nonsubscriber claims.

If you would like more information or believe you could benefit from state laws in Houston related to workers’ comp or nonsubscriber claims, call us for a free consultation now and we’ll let you know how we can help your claim.

Hurt on the Job While Working Your Shift at Whataburger?

Whataburger employees may experience serious workplace accidents due to the nature of their duties, including fry cooks being burned by hot grease splattering onto them; cleaning staff slipping and falling while cleaning restrooms; storage workers suffering leg and ankle fractures or back sprains, among other injuries.

No matter the nature of your Whataburger injury claim, we can assist in navigating all its obstacles! At Husain Law + Associates Accident Attorneys, P.C. we know exactly which requirements must be fulfilled in order to establish a Texas work injury case;

Types of Compensation to Expect

To ensure maximum compensation during a Whataburger claim in Texas, it’s wise to put yourself and your health first and, with assistance from a work injury attorney and follow all rules set by Whataburger concerning filing claims with their insurers.

A claim against Whataburger can result in payment for all your accident-related medical expenses. You can also receive benefits to cover lost wages while you’re temporarily or permanently out of work.

Contact Husain Law + Associates Accident Attorneys, P.C. Today!

At Husain Law + Associates Accident Attorneys, P.C., we are committed to providing expert guidance and zealous representation for Whataburger workers injured on the job. Our experienced legal team will conduct an exhaustive investigation, identify those liable, and fight tirelessly until justice has been served. If you or a loved one has been injured while working at Whataburger, do not hesitate to reach out for a free consultation. Call us at (713) 800-1200 or fill our online form today. Our resources and expertise allow us to handle your case effectively and compassionately.

Talk to a Firm That's Earned a National Reputation