Workers' Compensation for Restaurants

Restaurant workers do the hard work of making, delivering, and handling the food that we eat when we go out. Despite advances in safety technology and laws that require employers to take precautions, restaurant workers are still at risk of injuries from burns they may have suffered from as well as back strains and aches in the workplace. When a restaurant worker is injured on the job, he or she may be entitled to workers’ compensation benefits including paid medical care, replacement of lost wages, and pain and suffering.

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Did you suffer an injury or become ill while working at a restaurant in South Carolina? If so, you might qualify for workers’ compensation from your employer’s insurance policy. South Carolina workers’ compensation laws require restaurants to provide coverage to restaurant employees. As part of restaurant employee safety, every food establishment in South Carolina that has three or more employees is required to carry insurance that pays for medical treatment and wage replacement if a restaurant employee is injured on the job and cannot work.

You don’t have to be a full-time employee to be eligible for restaurant workers’ workers’ comp insurance benefits. When either full-time or part-time restaurant employees suffer a work injury or illness in South Carolina, the workers’ compensation benefits can include:

  • Payment of medical expenses associated with the injury, including disability
  • Compensation for up to two-thirds of lost wages

Our experienced South Carolina workers’ compensation lawyers at Joye Law Firm represent restaurant workers in all types of foodservice establishments, including:

  • Fast food restaurants
  • Fast-casual restaurants
  • Upscale restaurants/fine dining
  • Chain restaurants
  • Cafeterias
  • Bars and pubs

Servers, bussers, cooks, and other food preparers are often injured on the job. Our knowledgeable lawyers can serve you well if you want to make sure that you receive all the workers’ compensation benefits you deserve, including lifetime medical care benefits related to your injury.

When you hire a restaurant accident attorney from Joye Law Firm to handle your workers’ compensation claim, you can rest assured that you are working with experienced lawyers with an in-depth knowledge of the state’s workers’ comp laws. Our South Carolina workers’ comp attorneys are committed to fighting for full benefits for you. Call 877-941-1019 today to schedule a free, no-obligation evaluation of your claim.

Common Restaurant Worker Injuries

Contact Joye Law Firm for restaurant lawsuitsRestaurant work poses a number of risks and dangers. South Carolina has restaurant employee safety rules to protect workers and prevent injuries. Because of the nature of the work, employees can suffer a wide variety of injuries, including:

Severe burnsBurns (often from hot surfaces, hot grease or scalding water) are among the most common fast food injuries in the restaurant industry. Burns can be extremely painful and can require a lengthy recovery, limiting your ability to work. Workers’ comp benefits can cover compensate you for scarring or permanent disfigurement caused by burns.

Severe cuts. In a hectic restaurant kitchen, it’s easy for a knife or sharp edge in the kitchen to cause a serious cut. Broken glasses and plates also present laceration hazards. Any cut that is serious enough to cause infection, limit the use of your hand or another body part, or sever your finger should be reported to your supervisor immediately.

Repetitive use injuries. These injuries are common in the kitchen environment. Tasks such as chopping vegetables over and over, lifting heavy bags of food, and putting heavy trays into the oven repeatedly every day can cause injury from the repeated stress.

Sprains and strains. Restaurant work is demanding physical labor. Common injuries to restaurant workers include repetitive-use injuries and slipping and falling on slick surfaces throughout the restaurant. A restaurant worker may suffer a sprained or strained knee, wrists, or back in a fall.

Lower back injuries. Lower back pain is a problem in the restaurant industry. Injuries to the lower back can occur when restaurant workers use improper techniques to lift heavy boxes, pots or pans. Lower back injuries often result from reoccurring movements rather than one event.

Can I file a personal injury or workers’ comp lawsuit for an injury in a restaurant?

Restaurant workers in South Carolina who are injured in a workplace accident typically will need to claim benefits through the workers’ compensation claim process. Workers’ compensation claim benefits you receive for your restaurant injury may be limited to medical bills and wage replacement for the time you miss work.

A South Carolina workers’ compensation claim does not require the injured restaurant worker to show that their employer or anyone else was at fault.

If your restaurant injury was caused by a third-party or someone other than your employer, you may be able to file a personal injury lawsuit. A knowledgeable restaurant injury lawyer can review your injury and discuss your legal options.

Elements of a restaurant injury negligence claim through workers’ comp

The vast majority of injuries in the restaurant industry are due to carelessness on the part of a worker, a coworker, the employer, or a third party. Regardless of who was at fault for your workplace injury, you may be entitled to workers’ comp benefits.

When filing a workers’ compensation claim in South Carolina, there is no consideration of who was at fault for your injury. If you have been injured at the restaurant, you must report the injury to your supervisor to initiate a workers’ compensation claim.

If you believe that your injury was caused by a third party’s negligence, you may have more than a basic workers’ compensation claim on your hands. At Joye Law Firm, we help injured restaurant workers throughout South Carolina explore their legal options to compensation for their work injuries.

What benefits can I recover if I’m injured in a restaurant as an employee?

South Carolina car accident attorneys discuss what to do about medical bills from your car accident.Medical Care

Workers’ compensation will cover medical care related to your work-related injury or illness. This includes your doctor’s visits, drug prescriptions, physical therapy and rehabilitation, surgery, and any other necessary medical treatment.

Compensation for Lost Wages

If you are unable to work at the restaurant due to your injury or illness, you are considered “temporarily disabled.” During your recovery period, you can be paid a portion of the wages you would have earned had you continued working at the restaurant. In South Carolina, you are eligible for payment of lost wages if you cannot return to work for at least seven days. The wage replacement benefits will continue until your physician permits you to return to work.

If you are permanently impaired, you may be eligible to receive permanent partial disability (PPD) payments. If you’ve lost both of your hands, arms, feet, or legs, or if you have lost vision in both eyes, you are deemed totally and permanently disabled and can receive disability benefits.

Can I file a lawsuit if I was partly at fault for my injury at the restaurant?

If you suffer an injury while working at a restaurant in South Carolina, your employer’s workers’ compensation insurance pays your medical bills and lost wages. In exchange, you forfeit your right to sue your employer.

However, in certain circumstances, you may have a right to file a lawsuit against a third party that caused your injury at the restaurant. This type of personal injury lawsuit is separate from workers’ comp benefits.

What do I do if my workers’ comp gets denied the first time when I was injured at a restaurant as an employee?

If you suffered an injury that was not related to performing your duties at the restaurant, your employer could deny your workers’ compensation claim. While workers’ comp covers full- and part-time workers, it does not cover independent contractors. Your employer may deny your workers’ comp claim if you are not an employee. However, some employers attempt to misclassify workers as independent contractors to avoid paying claims. A skilled lawyer can evaluate the terms of your employment and determine whether you qualify for workers’ comp benefits.

The South Carolina workers’ compensation appeals process allows for claims disputes to be heard by an independent workers’ compensation commissioner. A restaurant injury lawyer at Joye Law Firm can represent you at an informal conference with a representative of your employer and the South Carolina Workers’ Compensation Commission, which administers the workers’ compensation system and hears appeals of workers’ comp denials. The purpose of the meeting is to attempt to resolve the dispute about your injury claim without going through a formal hearing.

If an agreement cannot be reached at the conference, a hearing can be scheduled before a workers’ compensation commissioner. Our restaurant injury lawyers can gather evidence to present in support of your claim at a formal hearing before a South Carolina Workers’ Compensation Commissioner. If you are unsatisfied with the ruling, you can appeal to the South Carolina Court of Appeals.

If your workers’ comp claim was denied, we encourage you to speak with an attorney as soon as you can. The workers’ comp attorneys at Joye Law Firm have been successful many times in appealing denied claims.

Contact a South Carolina Workers’ Compensation Attorney

If you are a restaurant worker or fast food worker in South Carolina who has been injured on the job, the attorneys at Joye Law Firm understand that you may have a challenging recovery ahead. It could be weeks or months before you are able to return to your job. Without workers’ comp benefits, you will likely face financial difficulty.

If you’ve been injured and need help with your workers’ comp claim, you need the lawyers of Joye Law Firm by your side. Allow us to help you get all the workers’ comp benefits you deserve. If you are looking to file a claim or appeal a denied claim, call Joye Law Firm today at 877-941-1019.

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