Workers Comp for Waiters, Waitresses & Restaurant Waitstaff
Restaurants are among the industries with the highest number of reported workplace injuries and illnesses. Slippery floors, hot cook surfaces and ovens, sharp knives, heavy crates of food, and even violent customers are just some of the hazards that waiters, waitresses, and other restaurant employees face.
In this article the compassionate and experienced restaurant workers compensation attorneys at Cantrell Green in Orange County, California discuss the workers compensation rights of waiters, waitresses, cooks and other staff who have been injured or been made ill while working at a restaurant.
Most Common Workplace Injuries of Waiters, Waitresses & Waitstaff
Waiters, waitresses, and other waitstaff are at risk of a wide variety of workplace injuries. Some of the most common injuries include the following.
Workers in the food service industry are at high risk of slipping or tripping on wet floors, spills, or cluttered areas. In fact, slips, trips, and falls are the number one cause of workplace injuries in restaurants.
Waitstaff often work around scorching equipment, scalding liquids and hot food, which can cause severe burns. Waitstaff also often handle knives and other sharp tools to prepare food, and may be at risk of cuts and lacerations.
The physical demands of lifting cartons of food or carrying trays, as well as bending, and standing for long periods can cause joint strains, sprains, and back pain and injury. Repeated motions, such as pouring and lifting, can also cause strain injuries to the arms and shoulders – in addition to stress-related injuries such as carpal tunnel syndrome, tendinitis, or lower back pain due to the repetitive nature of their job.
Tragically, waitstaff may also be at risk of physical assault or abuse from customers – a phenomenon which has been exponentially on the rise post-pandemic.
Waiters, Waitresses & Waitstaff Workers Comp Benefits
Waiters, waitresses, and waitstaff in California are entitled to workers’ compensation benefits if they are injured on the job. These benefits include the following.
Restaurant employees are entitled to medical treatment that is reasonable and necessary to treat their work-related injuries or illnesses. This can include doctor visits, hospitalization, surgery, medication, and other related medical expenses.
If a waiter, waitress or restaurant employee is unable to work for more than three days due to a work-related injury or illness, they are entitled to temporary disability benefits. These benefits are designed to partially replace lost wages and are typically equal to two-thirds of the employee’s average weekly wage, up to a maximum amount set by law.
And if a restaurant employee suffers a permanent impairment as a result of their work-related injury or illness, they may be entitled to permanent workers compensation disability benefits. The amount of the benefit depends on the severity of the disability and other factors.
Additionally, if the waiter, waitress, or cook is unable to return to their previous job due to their injury or illness, they may be entitled to vocational rehabilitation benefits. These benefits may include job training, education, or other support services to help the employee return to work.
Waiters, Waitresses & Waitstaff Workers Comp Attorneys
It’s important for restaurant employees to report their injuries to their employer as soon as possible and to seek medical attention right away. It is also important for waitstaff to consult with an experienced workers’ compensation attorney if they are injured while working as a waitress, waiter, or other restaurant employee – because the workers’ compensation system can be complex and difficult to navigate on their own.
An attorney can help protect the employee’s rights and ensure that they receive the benefits they are entitled to under California law. A workers’ compensation attorney can help the employee file a claim for workers’ compensation benefits, ensuring that all necessary information and documentation is included.
Additionally, a skilled and experienced workers comp attorney can negotiate with insurance companies on behalf of the injured restaurant employee to ensure that they receive the maximum benefits available. If the employer disputes or denied the employee’s claim, an attorney can represent them in hearings and other legal proceedings.
If you were injured in a restaurant while working as a waiter, waitress, cook, or other employee, our experienced workers’ compensation attorneys can help you understand your rights, protect your interests, and ensure that you receive the maximum workers compensation benefits to which you are entitled to under California law.
Waiter, Waitress, Cook & Restaurant Workers Comp Attorneys: 800-964-8047