Help! I was Hurt Working for Frito-Lay*

If you have been injured while working for Frito-Lay, the first thing you should worry about is your own health and safety. Unfortunately, work injuries can cause a great deal of stress in other areas. How are you going to pay for the unexpected medical bills and prescriptions? What will you do about lost wages? Can Frito-Lay help to support you?

Luckily, the answer is likely yes. Workers’ Compensation allows people who were injured while working to request compensation for their injuries and lost wages from their company’s insurance. Continue below to learn more about filing Workers’ Compensation at Frito-Lay.

History of Frito-Lay

Frito-Lay, Inc. was founded in 1961 after the merging of The Frito Company and H. W. Lay & Company. After purchase by PepsiCo in 1965, Frito-Lay has grown into the number one global snack company. In fact, around 40% of all savory snack sales in the United States are sold under PepsiCo and the Frito-Lay brand. By keeping consumers at the forefront of all operations, Frito-Lay continues to grow as the world’s most recognizable brand of delicious chips and snacks.

Potential Hazards of Working at Frito-Lay

Frito-Lay runs an incredibly wide variety of operations in order to keep up its enormous supply. This means there are a variety of jobs available, many of which carry potentially dangerous sit-uations that could lead a worker to need workers’ compensation.

  • In the factory: Like most factory jobs, Frito-Lay workers are present in a fast-paced environment around a variety of very large machines. From slipping and falling on spilled ingredients or sanitation supplies, to any number of machine-related bumps, cuts, or sprains, there are a variety of injuries a Frito-Lay worker can justify for worker’s comp.

  • On the road: Those with a Frito-Lay delivery route face any of the dangers anyone faces every day on the road. The only problem is Frito-Lay drivers face all these dangers while driving an enormous delivery truck. Especially in places like cramped inner cities, drivers must be careful of where they park and unload their product around the host of vehicles trying to move past them. For merchandisers and those organizing store displays, spilled product and falling displays can also be the culprit for a variety of severe injuries.

After a work injury, try to collect as much information as you can to provide on your workers’ compensation claim. First, write down everything you know about the incident, both the moments leading up to and during. If you can get pictures of the location of the incident, especially as it looked when the accident occurred, that can be helpful as well. Save all medical bills and make note of all wages lost due to recovery time. Then, approach HR to notify the company that you will be filing for workers’ comp, and consider getting some additional help for the upcoming process.

frito-lay workers' comp injury lawyer attorney

How To File A Workers’ Compensation Claim Against Your Employer

If you have been injured on the job, you are protected by workers’ compensation insurance. Most employers are required to maintain workers’ compensation insurance for their employees at no additional charge. Workers’ compensation laws do vary from one state to the next, but the coverage includes medical benefits and about 67 percent of the injured worker’s lost wages.

When you are injured in a workplace accident, you must follow proper procedures to protect your rights and preserve evidence. There are strict guidelines that must be followed when a workplace accident takes place. You should report your injury to your employer as quickly as possible. There are time limits for pursuing a claim, and in most states, it varies from as few as three days to up two years. However, you should always report it as soon as you can.

Some states allow it to be reported verbally, but other states require that workplace accidents be reported in writing. Also, who you report it to depends on state laws and company policy. Sometimes the proper person to report it to is the manager or supervisor while at other times it would be human resources.

Establish medical care right away. Most employers and their insurers have a contract for a network of medical providers who can treat your injury. If you don’t see an in-network provider, you could end up having to pay for your own medical expenses. The list of in-network providers should be posted in a visible place, such as near a timeclock or in a breakroom. If you don’t see the list, ask your manager or supervisor for a copy of it.

You should maintain copies of medical bills and medical records. Also, be sure to keep copies of all medical excuses that indicate if you are unable to work or if you must do light duty. You should document and keep track of missed work and lost wages. You will need this as evidence regarding your losses pertaining to the workplace accident.

As an example, you were working in the Frito-Lay factory when your hand was caught in a conveyor belt and you suffered crushed fingers and deep lacerations. A coworker got the belt stopped and called for help. You were treated by in-house medics until the ambulance arrived. You were taken to the local hospital and treated for your injuries and surgery was required.

While your employer is aware of the incident, you do need to follow up. You will be required to give a detailed statement that explains what happened, how it happened, when it happened, and how you were injured. Often, surveillance cameras are in use and if that was the case, the video footage of the accident could be reviewed. Any witnesses will need to give statements regarding what they saw and how you were injured.

Gathering Evidence For A Workers’ Compensation Claim

If you have been injured while working at Frito-Lay, you will need to gather supporting evidence and documentation for your claim. There are several examples of evidence that can be used to support your claim. You will need witness statements, medical bills, medical records, proof of missed work and lost wages, and if available, videos from surveillance cameras.

You should also document any time you talk with your employer and update them on your condition and when you will be able to return to work. Keep copies of any medical excuses that you are given because of your injuries. These excuses should detail when you can return to work or if you have limited abilities and can only work shortened shifts or do light duty work.

There are time limits for pursuing a workers’ compensation claim, so don’t wait until it is too late to claim benefits. Make sure all forms are completed in detail, accurately, and truthfully. You should provide any supporting evidence and documentation as well. A workers’ compensation lawyer can help you file your initial claim as well as help you later if your claim is denied and an appeal is necessary.

The laws for filing a claim do vary. In some states, you file the claim straight with the employer but in other states you must go through a Labor Commission or a Labor Board. Be sure to understand the proper process in your state, so you can make sure all deadlines are met and that you have everything in order. There are times when legitimate claims get denied, or when someone who is getting benefits have them stopped. If this is the case, you would want to enlist the help of a workers’ compensation attorney to guide you through the appeals process.

Frito-Lay and their insurer will have legal representation. Make sure you have someone looking out for your rights and interests. A workers’ compensation attorney works on a contingency basis. Your lawyer will not be paid until you win your claim and receive a settlement. Your lawyer will work diligently to ensure you are treated fairly. With the help of an attorney, you are much more likely to get access to the workers’ compensation benefits that you are entitled to receive.

Medical bills, medical records, medical excuses, a copy of the accident report, witness statements, and anything else that shows that you were injured while working will be needed in support of your workers’ compensation claim against Frito-Lay. Just as with any other legal matter, documentation and evidence are essential to the success of the claim. Your attorney will help you gather the supporting evidence that you need for your claim’s success.

For example, if you drive a truck for a Frito-Lay delivery route and you are involved in a crash while traveling from one store to another, then you are covered by workers’ compensation and should have access to workers’ compensation benefits. If you were hurt at Frito-Lay, talk with a workers’ compensation attorney who handles claims in your state today.

Considering a Workers’ Comp Attorney

After a work accident, the last thing you want to think of is potentially losing more money. However, workers’ comp attorneys are beneficial for a vast number of reasons:

  • they can limit the stress of gathering evidence and building your claim

  • they can write your demand letter and ensure no mistakes in the legal process will prevent you from getting benefits

  • they can negotiate if Frito-Lay has difficulty accepting your terms, and even represent you in court

  • they can do all of the above without initial payment, only accepting pay when/if they win you your case

For the best shot at getting proper compensation for your work injury, consider a free consultation with a workers’ compensation attorney.

*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Frito-Lay, you may not be entitled to any compensation.