Why You Should Contact An Attorney If You Got Injured Working At A Restaurant

October 20, 2022

Why You Should Contact an Attorney If You Got Injured Working at a Restaurant

Workplace injuries are a possibility in every profession, but they are more likely in some jobs than in others. Many people associate work-related compensation claims with severe or even fatal wounds, but you can also file a worker's comp or personal injury claim for incidents that don't require emergency medical care.


This type of injury is common in restaurants. The US Bureau of Labor Statistics counted 93,800 non-fatal restaurant injuries in 2019 (the year before the COVID-19 pandemic). Only one-third of these required recovery time away from work.


Here is a look at the most common types of injuries you could suffer as a restaurant worker:

 

  1. Falls from slippery floors, leading to fractures, back pains, and bruises;
  2. Burns from fires, steam, or hot fluids;
  3. Fractures from heavy items falling;
  4. Allergic reactions to cleaning chemicals;
  5. Pulmonary damage from steam, smoke, and chemical inhalation;
  6. Sprains and strains from standing, walking, and carrying heavy items for long hours.


Depending on the response of your employer, you may want to engage the services of an attorney if you suffer an injury while working at a restaurant.


An attorney may aid your claim, but you can also take steps to help your case whether or not you hire a lawyer.

 

What are the steps to take after an incident occurs in Liberty, MO?

 

Once an accident has occurred, there are steps to take to ensure your health and safety and document the incident. Gathering information early on can be important later in your case.

 

Seek medical care

 

There are several reasons to seek medical care. First, you want to get help for acute pain from your injury. Second, the severity of some injuries can only be determined after going to the hospital. Sometimes, deep cuts, damage from falls, and burns may be more serious than they first seem.

 

You should obviously call an ambulance for severe injuries, but you should also see a physician quickly for non-emergencies. The doctor can assess your condition and also document the injuries. The medical records can serve as vital evidence later in your case.

 

Report the incident to the employer

 

It is essential to report the incident to your employer as soon as possible. First, you should ensure that your boss has a record of the incident for worker's compensation purposes. Second, it alerts the restaurant to potential risks. They can block off the area or change safety practices to prevent a similar accident from occurring again.

 

It is important to have a record because your employer may deny the accident ever happened. If you wait for several hours or days, they may be suspicious of your motivation for coming forward or claim that you were hurt elsewhere or suffered the injury due to carelessness.

 

Many companies have policies for workplace incidents, and you should always meet their deadlines for reporting injuries. However, notifying management of an incident, even if it is minor, as soon as possible gives you a better chance of making a successful worker's compensation or personal injury claim.

 

Gather evidence and speak to witnesses

 

You should get as much information about the incident as possible. You can take photos of the injury and the area where it occurred. If other employees or patrons witnessed it, you should ask them for written statements.

 

The doctor can also create a medical report with their diagnosis, copies of X-rays or other tests, and other supporting evidence.

 

If you hire a worker's comp attorney, they will be able to build a better case with this type of evidence.

 

Talk to a lawyer

 

The worker's compensation system is in place to ensure employees get financial support for injuries occurring on the job. However, there can be complications to claims. Usually, these roadblocks involve employers saying that the incident does not meet the requirements for worker's compensation.

 

Worker's comp support is available only if the injury happened during regular job duties. Recklessness, drug use, performing activities outside of the scope of your job, or other factors can negate your claim.

 

Here are some examples of situations where you should consider seeking the assistance of a worker's comp attorney:

  1. Your employer says you do not qualify for any worker's compensation benefit.
  2. Your employer or the insurance company fails to give you the compensation to cover your injury treatment, recovery costs, and money lost from not working during your recovery.
  3. The worker's compensation insurer denies your claim.
  4. The company physician disputes your injuries or the medical reports of a third-party physician.
  5. You are accused of fraud when claiming worker's compensation.


What is worker’s compensation, and what can you expect from it?

 

Worker's compensation is a no-fault claim that allows the employee to receive compensation for injuries that occurred at work. The coverage usually includes hospital bills, living costs and expenses while not at work, and physical rehabilitation.

 

Worker's comp claims do not place blame on the employer, even if there was negligence involved in the incident.

 

A company usually provides worker's compensation through an insurance provider. Some problems arise when the insurance company denies the claim. This may happen even if the employer is on your side in seeking compensation. An attorney can negotiate with the insurer and help you take the case to court if needed. 

 

An attorney can also help with personal injury cases. Personal injury claims are fault-based, which means someone's act of negligence caused the accident. These cases almost always end up in court, and they typically involve another person or a company or contractor who is not your employer. It is possible to sue an employer for negligence, but these cases are typically complex. 

 

Do you need a lawyer if you are injured while working at a restaurant?

 

A worker's compensation lawyer in Liberty, MO can help if you have issues with your claim. If your employer questions the incident or their insurance provider refuses to pay, reach out to us. Our attorneys can negotiate on your behalf, build a case for you, and represent you in court if needed. 

 

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