Starbucks workers face the potential of slip and falls, burns, back/spine injuries, and many other on-the-job injuries. Although serious injuries are somewhat rare, you should never take your injury lightly. Get medical care, and work with a lawyer to file a Workers’ Comp claim if you were injured on the job.
Claims start with notifying your employer of your injury. If they then deny your claim, you can file your case before a Workers’ Comp Judge by filing a Claim Petition with the Workers’ Comp Office of Adjudication.
Call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945 for a free evaluation of your potential injury case.
How Do I File a Workers’ Comp Claim with My Employer (Starbucks)?
When you get injured, get medical care, then report your injury to your employer. Reports must be made within 21 days of the accident, though you can still receive benefits if your report comes within 120 days of the injury.
Starbucks typically uses a third-party administrator (TPA) to handle its claims instead of an insurance carrier, since Starbucks can afford to act as its own insurer. This means that your claim is usually reported directly to Sedgewick, their TPA, and they make a determination within 21 days of your report.
If they deny you or do not respond within 21 days, you can file a Claim Petition.
How to File for Workers’ Comp with the State in Pennsylvania
Once your claim is denied, you can file a Claim Petition with the state. You must do this within 3 years of the injury to get your claim granted.
Claim Petition
The petition itself is a form that can be found on the Workers’ Comp Office of Adjudication (WCOA) website. Your filing must include info about the following:
- How the accident happened
- What injuries you suffered
- Where it happened
- Your employment status/position
- Whether and when you were able to return to work
- How the injuries affect your wages or ability to work.
Working with a Lawyer
You should never file a Claim Petition without a lawyer. If you have not already gotten a Pennsylvania Workers’ Comp attorney on your side, do so before filing.
Making sure your lawyer can fill out the forms properly and set you up for success is important. There are also steps to take after filing that involve evidence collection and expenses you might not be able to afford without a lawyer who can front those costs.
What Evidence Do I Need to Prepare to File My Claim?
Before you file notice of your injury and seek benefits, you need medical records to support your claim. Getting medical treatment right away is essential to building your case.
Our lawyers can help you obtain records. After filing your Claim Petition, we can also seek out additional doctors’ reports by having you attend medical exams. Your employer also gets a chance to have you attend medical exams called “IMEs” with a doctor of their choosing.
FAQs for Starbucks Workers Seeking Workers’ Comp in Pennsylvania
Are Delivery Drivers Covered?
Starbucks orders for delivery are often carried out by drivers hired by third-party apps like DoorDash or Uber Eats. If you work for one of these companies, they might try to claim you are an independent contractor, and you might not have a Workers’ Comp claim against them.
However, you may be entitled to a lawsuit against Starbucks for dangerous conditions on their premises or something else under their control.
Can Starbucks Fire Me for Filing a Workers’ Comp Claim?
Employers are not allowed to retaliate against workers for filing a Workers’ Comp claim. However, they are allowed to fire you for other reasons, such as if your injuries keep you from doing the job (even with reasonable accommodations) or because they no longer have work for you.
However, many employers try to use these neutral reasons for firing you when their true purpose is to hold the claim against you. That is still illegal.
If you settle your claim, it might include an agreement not to work for Starbucks anymore, which is usually allowed.
What Damages Can I Get in a Workers’ Comp Claim?
Workers’ Comp typically covers medical bills, lost earnings, and additional compensation for certain permanent injuries. Many of these are subject to caps and floors, and you should always check with an attorney about what your specific case is worth.
How Long Does it Take to Find Out if My Claim Has Been Denied?
Starbucks, through its TPA, should get back to you within 21 days of your initial filing. When they do, they have three options:
- Accept your claim and start paying benefits/offer you a settlement
- Deny your claim and allow you to file a Claim Petition.
- Temporarily pay benefits and give themselves an additional 90 days to continue investigating your claim.
If they do not get back to you within 21 days at all, you can treat it as a denial and move forward with a Claim Petition.
What Injuries Are Covered?
Workers’ Comp should pay for medical care for any injuries you sustain at work. If you need to go to the hospital for a work injury, do so.
However, wage-loss benefits are not available unless your injury keeps you from working for more than 7 days. This might mean that something like mild/moderate burns or bumps and bruises from a slip and fall might not be covered.
On the other hand, if your work caused you a serious fall that left you out of work, a back injury from carrying boxes, or any other long-term injury, you likely have a strong case for benefits.
Call Our Workers’ Comp Lawyers in Pennsylvania for Help Today
If you were injured at work at Starbucks, call the Philadelphia Workers’ Comp lawyers at Cardamone Law for a free case evaluation: (267) 651-7945.
