Help! I was Injured Working at Subway!*

Subway is a chain restaurant that provides jobs for thousands of people. If you work for Subway, what would happen if you were hurt at work and couldn’t pay your bills? What would happen to your family? Not being able to work is a scenario that everyone fears.

What Happens If You Get Hurt at Work?

It can be scary to think about what you’d do if you were hurt at work. Your bills would still be due each month even if you couldn’t work. There is a safety net put in place to help workers. Each state requires most employers to provide workers’ compensation insurance. If you’re hurt while you’re at work, you have the option of filing a claim to get help with the medical expenses you incur because of your on the job injury. If you can’t work at all, it may also provide you with a portion of your lost wages.

How To File a Claim Against Subway

Subway is a healthy sandwich and drinks restaurant. It is the sort of restaurant where customers spill coffee and drop food when they are in a hurry. This is the time when you may be clearing tables and slip and fall and injure yourself unexpectedly.

If you are injured you should qualify for workers’ compensation to cover the cost of medical treatment and time off work while you recover. You won’t get WC automatically, but you typically have to follow a set procedure in order to qualify.

The first thing you need to do is get treatment for your injury. The doctor who is able to treat you will depend on your workers’ compensation board in the state where you live. Often you have to be treated by an approved doctor at a named medical facility.

If your injury requires immediate treatment because it is life threatening you should head straight to the nearest emergency room in an ambulance as soon as you can. If you require diagnostic tests or prescription medications you may only be permitted to use certain providers. This typically depends on the state you work in.

Once you have received the necessary emergency treatment you must contact the manager or your supervisor at Subway as soon as possible. In some states you are only given 24 hours while in others you have up to 30 days. If you fail to do this it might put your chance of getting workers’ compensation in jeopardy.

The next step is completing the WC claim form. This provides crucial information that Subway’s WC insurer will use to assess your claim. On the form you will be required to fill in the following information:

  • a detailed description of the type of injury;
  • where and what time the injury took place;
  • the names of other subway workers who were with you when the injury occurred;
  • details of how the accident occurred;
  • details of medical treatment received up to the present

There is a statute of limitation for filing the claim form which varies depending on the state but could be anything from 2 to 3 years. Failure to comply will affect your chances of being awarded workers’ compensation.

Your WC claim should be approved by Subway’s WC insurer. There should not be much of a delay in making the decision. If you are not happy with the outcome because you don’t think a proper calculation has been made for the cost of your treatment and the time given to return to work, you may be able to get a second opinion from a doctor you choose.

You may be able to negotiate a compromise with the insurer once trhe doctor has submitted an up-to-date report. If your claim was denied you may be able to file an appeal. However, you shouldn’t consider filing an appeal on your own as it is doomed to fail. You should ask for help from a workers’ compensation attorney. The commonest reason for a denial is the insurer does not believe your injury occurred at work. Your WC attorney can scrutinize your evidence before filing an appeal.

Subway Workers' Compensation

What Potential Hazards Do Subway Workers Face?

Subway workers generally all share the same responsibilities. Some different hazards can include, but are not limited to:

  • Fume Inhalation: Using cleaning chemicals can involve inhaling harsh fumes or can even cause chemical burns to your skin. If these chemicals get into your eye, it can cause blindness.
  • Repetitive Strain Injuries: Cooks who are making sandwiches will preform the same small movements over and over again. This can cause repetitive stress injury.
  • Burns: Using the ovens to make bread, cookies, or to toast sandwiches can result in burns.
  • Lacerations: Cutting up vegetables, meat or bread can result in a nasty cut.
  • Strains from Lifting: Stocking supplies can cause an injury to your neck or back if you lift something that’s too heavy.
  • Injuries from falls: Slipping and falling is still a risk even if you wear nonslip shoes. With a slip and fall often comes a back injury or a head injury from hitting your head on the counter or the floor.

Gathering Evidence for an Subway Workers’ Compensation Claim

Evidence is the substance when it comes to a WC claim. If the evidence has any element of doubt that the injury did not occur when you were selling food at Subway you will find it difficult winning a workers’ compensation claim.

Possible evidence that can be used for a workers’ compensation claim could include any of the following

  • photographs taken by you or other Subway workers of the accident site;
  • witness’ written reports which could be Subway customers providing details of how the injury took place;
  • photographic evidence found on Subway’s surveillance cameras;
  • medical report from your doctor with an accurate diagnosis and showing medical treatment complete, any further medical treatment needed and likely recovery time;
  • receipts already paid for any medical treatment;
  • invoices for any unpaid treatment;
  • receipt for an ambulance if you had to use one
  • receipts for any out of pocket expenses such as a taxi to get you to the medical center or for a care assistant in your home.

Your attorney can go through your evidence before you file your WC claim to ensure that you have the best chance of winning your WC claim.

What Should You Do If You’re Hurt at Work?

Getting hurt at work can be very stressful. Here are the three steps that you should take if you are hurt during your shift at Subway.

  • If you’re hurt while working, let your manager know immediately. Don’t wait until the end of your shift. If you’ve burned yourself, cut yourself, hit your head, or hurt your back, call 911. These are all potentially serious injuries that can get worse if you don’t get immediate treatment. If there is a wet or slick spot that caused a slip and fall, your manager can take care of it to protect everyone else in the building.
  • Ask your manager what you need to do to file your workers’ compensation claim. There may also be a poster in the break room that gives you valuable contact information. You will need to fill out an accident report as soon as possible. This makes it easier to remember everything that happened. If you called 911 because of a medical emergency, a police officer will complete a report. You can get the report number and retrieve a copy of the report a few days later.
  • When you file the workers’ compensation claim, you may be eligible to see the doctor listed on the insurance policy. While you do have the right to see the doctor of your choosing, the workers’ compensation doctor is often free of charge for people who file a claim. If you pay out of pocket for anything related to your on the job injury, keep the receipt. There’s a possibility that you can be reimbursed.

Protect Your Legal Rights

Under workers’ compensation law, you have rights. It is important that you fully understand your legal rights. Make an appointment to speak with a workers’ compensation attorney as soon as you can after your injury.

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