Workers’ Compensation is designed to cover employees after on-the-job accidents and injuries. This should cover a wide range of injuries, and most Wawa employees should be covered.
To start your claim, first get medical care and then report your injury to your employer. They will then file a claim with their Workers’ Comp insurance, which will accept or reject your claim. If they do reject the claim, you can file in court. You should have a lawyer help you in any case.
For a free case review, call Cardamone Law’s Certified Philadelphia Workers’ Compensation Lawyers today at (267) 651-7945.
How Do I Start My Case?
You can start a Workers’ Comp claim by taking the following steps:
- Get medical care to document your injuries.
- File notice of your injury with your employer (typically through a supervisor or HR) within 21 days. If you miss this deadline, you can still file as long as you do so within 120 days at the latest.
- Wait 21 days for a rejection or acceptance from Wawa.
- If they reject your claim, call a lawyer (if you have not already done so) and file a Claim Petition within 3 years of the injury.
How to File
Our Pennsylvania Workers’ Comp attorneys can help you with this entire process to help prevent any mistakes or miscommunications. Employers and Workers’ Comp insurance carriers may also take your claim more seriously when a lawyer is involved.
What to Do When You Are Denied
If the claim is denied, you will need to file a Claim Petition with the Workers’ Comp Office of Adjudication to proceed to a Workers’ Comp hearing.
Who Can File a Workers’ Comp Claim at Wawa?
Wawa’s Workers’ Comp should cover all “employees” at Wawa.
Employees
That means these jobs are all typically covered:
- Cashiers/clerks
- Food prep staff
- Stock workers
- Maintenance
- Custodial workers
- And more.
Most jobs at Wawa are worked by “employees” as opposed to “independent contractors,” who might not be covered if that classification is correct.
Other Workers
The main exceptions would be something like a delivery driver, who probably works for a third-party company like DoorDash, or stockers and suppliers who work for their third-party companies.
Many of these workers are still employees and can file Workers’ Comp with their employers instead of Wawa.
Can You Sue for Work Injuries at Wawa?
Many workers are under the impression that Workers’ Comp stops lawsuits for on-the-job injuries. In reality, it only stops you from suing your employer for work-related accidents.
That means that if you are an independent contractor, you can sue Wawa; if you were injured by a third party, you can sue that third party.
Third-Party Claims
Lawsuits for injuries caused by someone other than a Wawa employee can often be filed. This could mean suing for any of these, and more:
- Injuries caused by suppliers or delivery drivers dropping off products
- Being hit by a driver in the parking lot
- Criminals or disgruntled customers who assault you at work
- Customers who cause accidents
- Manufacturers of defective and dangerous supplies or products (dangerous food prep materials, defective gasoline shutoff hoses, etc.)
Proof Required
In order to sue for these cases, you have to prove that the defendant committed “negligence” against you. This usually means showing they caused your injuries by breaching a legal duty, violating a statute, or otherwise acting unreasonably.
You also need evidence of this fault, such as witness testimony, security footage, etc.
You also need a defendant who can pay for damages, or else you might not get anything from them. For example, a supplier could pay for injuries their worker caused you, but an individual customer might not be able to afford your damages.
Filing Both Workers’ Comp and a Lawsuit
If a lawsuit is available, you might still have a Workers’ Comp claim, too. When you file both, Workers’ Comp often pays faster, and then you can collect additional damages (e.g., pain and suffering) later in the lawsuit.
FAQs for Injured Wawa Workers Filing for Workers’ Comp in Pennsylvania
Where Do You File for Workers’ Comp as a Wawa Employee?
Claims start with notice to your employer, and then they file with their insurance carrier (since the insurance carrier works for Wawa, not for you). If they deny your claim, you can file a Claim Petition with the Department of Labor and Industry’s Office of Workers’ Comp Adjudication.
If you can file a lawsuit, you file it in court.
Should I File a Lawsuit or Workers’ Comp Claim?
Often, you can file both. Talk to a lawyer about your right to sue and whether it can get you damages above and beyond what Workers’ Comp pays.
How Long Until I Hear Back About My Workers’ Comp Claim?
If you file your notice of injury within 21 days of your accident, your employer should get back to you with a yes or no within 21 days. They might also delay their decision another 90 days by giving you temporary benefits for 90 days while they continue to investigate.
If they deny your claim or fail to respond within 21 days, get a lawyer and file a Claim Petition.
How Do I Get Medical Care Under Workers’ Comp?
Once your claim is accepted, you can continue treating with any approved doctor within the first 90 days of care, and they might send you to specialists as well. After the first 90 days, you can use any Pennsylvania-licensed provider of your choice.
They will bill the care directly to Wawa’s Workers’ Comp policy.
How Do I File for Lost Wages When I’m on Workers’ Comp?
If your injury causes you a disability that loses you income, you can file for wage-loss benefits through Workers’ Comp. As long as your disability keeps you from work for at least 7 days, lost wages will be paid as part of your claim.
If the insurance carrier denies your wage-loss benefits, we can file a Claim Petition.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For your free case evaluation, call Cardamone Law’s Pennsylvania Workers’ Compensation attorneys at (267) 651-7945.
