Cracker Barrel Country Store is a chain of restaurant and country mercantile gift shops located in the United States. They offer a Southern-themed atmosphere with comfort food and a variety of products in their shops making it a great place for customers and employees. If you work at Cracker Barrel Country Store and get hurt during your shift, how would you be able to continue to support your family? For many Cracker Barrel Country Store employees, an on the job injury would be unable to provide for their family. How States Protect Workers Hurt on the Job Each state has a law that requires most employers to have a workers’ compensation policy in place as a safety net. Workers’ compensation is provided at no charge to employees. If you are hurt on the job, filing a workers’ compensation claim can help. It pays for the medical expenses associated with the injury received during the shift. For employees unable to work because of their injury, workers’ compensation may provide a portion of the lost wages. Company Profile: Cracker Barrel Country Stores Cracker Barrel Country Stores is headquartered in Lebanon, Tennessee. It is legally incorporated as Cracker Barrel Old Country Store Incorporated. There are more than 630 locations in 42 states. They have over 70,000 employees. Cracker Barrel Employees Face Risks Each Day Employees that work at Cracker Barrel face risks. Those risk depend on what they do. Here are a few examples of risks: Heavy lifting is a common task for all employees. Store workers may lift large boxes of goods. Cooks and other kitchen staff may lift heavy boxes of ingredients. Wait staff carry heavy trays of food. Heavy lifting can cause injuries to the neck or back. Neck and back injuries can be mild, but they can also cause permanent injuries. In a busy environment, spills can happen and can result in slips or falls. Spilled beverages, cooking oil, or even an unseen obstacle inside of the retail environment can create hazardous situations that can result in injuries. Slips and falls, even when wearing slip-proof shoes, may result in torn muscle, broken bones, slipped discs, or severe head injuries. Working with hot griddles or heated oil can result in burns that cause a permanent injury and severe scarring. The majority of people hospitalized for workplace scald or contact burns involved with food preparation. Deep fry oil can reach temperatures of 300°F to 500°F, making this task a potential risk for severe burn injuries. Hurt During Your Shift? Immediately stop what you are doing. Continuing to work can make your injury worse. Let your supervisor know right away. If you are severely burned, cut, or hit your head, call 911. These are medical emergencies. Ask your supervisor how you can file a workers’ compensation claim. This will also involve filling out an accident report – a very important step in filing a claim. If you call 911 for a medical emergency, a responding officer will provide you with a report number and details on how to get a copy of the police report. Talk with your Human Resources representative about making an appointment with a doctor that can see you without a charge. All workers’ compensation policies list doctors that you can see. You also have the option to see your own doctor as well. However, you may have to pay out of your own pocket for that expense. Just make sure that you keep your receipts because you may be reimbursed by workers’ compensation. Gathering Evidence for a Workers’ Compensation Claim Workers’ compensation claims are no-fault insurance claims. That means you don’t have to prove that someone else, such as your employer, or a fellow worker, caused your injury. That does make it easier to obtain compensation that is rightfully yours than having to submit a personal injury claim. Insurers don’t like paying out compensation and may still try and find ways of denying you a payment. It’s best to have as much evidence as you can to prove your injury happened at work and that the amounts you have claimed are justified. The most important piece of evidence is the accident report which should be filed with your employer. All employers are expected to keep an official record of workplace injuries. The time, date and location should all be recorded as well as the nature of the injury and how it happened. This should confirm the starting date for WC lost wage payments. Other evidence you should collect and submit with your claim includes the following: statements from fellow workers or Cracker Barrel customers confirming they saw the accident and how you were injured; any photos you or someone else has taken showing what caused the accident and your injuries if they are obvious. These can be taken with a cell phone if a camera isn’t available; doctor’s assessment report; assessment reports or copies of medical records made by other medical providers; copies of results of any tests and scans; receipts showing doctor’s fees; receipts for all other medical treatment including time spent in hospitals, bandaging material and medication; confirmation of suitability to return to work; assessment of disability if it is partially or totally permanent as this will be needed to determine how much is provided in compensation assuming the worker is no longer able to return to the same job or work at all. Potential Settlement for a Workers’ Compensation Claim Workers’ compensation is a basic compensation system that provides full payment of the cost of medical treatment as well as a percentage of lost wages. The exact benefits depend on the state, but in most states, the percentage for wage replacement is determined to be two thirds of the average weekly wage (AWW). There may also be benefits available for those workers who are permanently disabled by their injury and who cannot return to the same job. Example of how a settlement for a claim by an injured Cracker Barrel employee is worked out: Assume that a kitchen worker suffers a burn injury in a Cracker Barrel restaurant. The burn is a second degree burn requiring three weeks off work, bandaging, initial assessment by a burn specialist and repeat doctor’s visits. It was decided that there was no scarring and at the end of the period of treatment, the worker’s burns were fully recovered. The kitchen worker has an average hourly wage of $9.50 and a 35 hour week. Compensation for lost wages would be: 9.5 x 35 x 3 x 0.66 = $658. Get Legal Help You should talk to a WC attorney before filing a claim if you are unsure of the procedure or are not sure just how much documentation you should include. The more serious your injury, the more important it is for you and your family that you get your claim right and avoid having your claim denied. A WC attorney is almost obligatory if your claim is denied for whatever reason. You can appeal a denied claim but it is a relatively lengthy and more complicated procedure. You will need the attorney to provide legal advice, represent you at administrative hearings and suggest further legal action if a hearing does not overturn the original denial. Most WC attorneys will provide a free initial consultation in which you can discuss your accident and the chances of obtaining the compensation you think you deserve. If you engage a WC attorney, most will defer legal fees until a settlement is obtained. Legal fees are then deducted out of the settlement payment. You must protect your legal rights. You should get advice about your rights under workers’ compensation law from a qualified attorney. A consultation with an attorney can help you know whether you are on the right track for a workers' compensation case. *The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Cracker Barrel Old Country Store Incorporated, you may not be entitled to any compensation.
