It is fun and exciting to work in a restaurant, but it is also pretty risky. Restaurant workers face many dangers, including fire injuries. These accidents lead to severe damage and medical bills. Additionally, they hamper your ability to work and hurt your career. That’s why legal help is more than sufficient to compensate for your suffering.
Our restaurant worker accident lawyers specialize in handling the complexities of worker’s compensation in Chicago, liability claims, and personal injury cases. They will secure the financial relief you need to move forward!
What Can Our Restaurant Worker Accidents Lawyer Do for You?
Our Restaurant worker accident attorneys can rebuild your life after a work accident. Finding answers to issues outside of personal injury law is our focus. How Chicago Injury Lawyer helps is as follows:
We Advocate For Worker’s Compensation
Dealing with compensation claims can be complicated and overwhelming when you are focusing on recovery. Our restaurant worker accident lawyers can help you file your worker’s compensation suit correctly. It ensures you meet all deadlines and provide the necessary documentation on time.
We Identify Third-Party Liability
In some cases, your injury may not just result from a workplace accident but could be due to carelessness from a third party. Our legal experts can determine if a third party is liable for your injury. We help you pursue additional compensation beyond what the Illinois worker’s compensation rule offers.
We Negotiate with Insurance Companies
You may encounter problems with the insurance policy as an injured restaurant worker. Insurance providers offer unreasonably low settlements or even refuse legitimate claims without good cause. Our attorneys will communicate and negotiate with the insurance company in your place. They will ensure you do not accept a restaurant injury settlement below your total losses.
We File Situational Injury Lawsuit
Your restaurant accident can happen from negligence by your employer or another third party. In that case, you can pursue a lawsuit in addition to your worker’s compensation claim. Our experienced restaurant worker injury lawyer can help you make a personal injury lawsuit for your case. They will ensure you are compensated fairly for your injuries.
We Battle in Trials
Negotiation may only sometimes lead to a successful solution regarding injury at restaurants. In that situation, our experienced attorneys will prepare the case for trial. They will prepare the paperwork and fight for your well-being judicially. They will also represent you in the courtroom and battle to maximize your pay.
The Potential Dangers of Working in a Restaurant
Workplace injuries, including restaurant accidents, are frequently reported in the U.S. Some of these workers suffer injuries severe enough to keep them off work for a month or more.
Here are some dangers our clients came across while working in a restaurant:
Slips, Trips, and Falls
Slips, trips, and falls are very common for restaurant workers. Wet floors, spills, or cluttered work areas often lead to these accidents. Workers may end up with fractures, broken bones, and head injuries, mainly if the fall is severe.
Little to Severe Burns
Working around hot surfaces, liquids, or open flames puts restaurant workers at risk of burns and scalds. It can range from first-degree burns to more third-degree severe burns that require extensive treatment.
Back and Neck Injury
Repeated heavy lifting or awkward body movements in a kitchen leads to permanent back or neck injuries. These types of injuries may require physical therapy or surgery, which are very expensive.
Cuts and Lacerations
Sharp kitchen tools and machinery are a constant danger for restaurant workers. Even with the proper safety precautions, cuts and lacerations can happen. They often require stitches or even surgery.
Carpal Tunnel Syndrome
Tasks like chopping, slicing vegetables, or carrying trays lead to carpal tunnel syndrome, tendonitis, bursitis, and other repetitive stress injuries.
Violence and Assault
Restaurant workers, particularly waiters or cashiers, sometimes face violence or harassment from customers. In severe cases, these incidents can result in physical injuries and mental trauma.
Common Injuries Experienced by Restaurant Workers
Working in a restaurant is a risky task. You work in a situation where any injuries can happen because of a little mistake. We have listed some common injuries experienced by restaurant workers in Chicago:
- Slip and fall injuries
- Broken bones
- Knee injury
- Neck and back injuries
- Arm and shoulder injury
- Muscle injuries such as sprains and strains
- Heavy lifting injuries
- Electrocutions injuries
- Psychiatric injury
- Eye injuries
- Repetitive stress injuries
- carpal tunnel syndrome
- Burn injuries and scalding
- Lacerations from cutting
- Injuries that occur when you are instructed to deliver food
Factors Contributing to Restaurant Worker Accidents
Most restaurant work-related injuries can be prevented with proper training, equipment, and safety protocols. Here, we will discuss several factors that contribute to restaurant worker accidents in Chicago:
Lack of staffing
When restaurants are understaffed, existing employees may feel overworked and stressed. It leads to carelessness and accidents.
Inadequate Training
Lack of proper training on safety procedures and equipment is unsafe for restaurant workers. It increases the risk of accidents and injuries significantly.
Poor Maintenance and Equipment
Faulty equipment, spills, and other hazards can create unsafe working conditions. They lead to intense injuries, including falls, slips, and electric shocks.
Long Working Hours
Long hours and shift work can lead to fatigue, exhaustion, and lack of energy. It creates sleep deprivation in employees and downsizes their alertness in a restaurant. It majorly increases the risk of severe injuries for workers.
Steps We Recommend Taking After a Working Injury in Restaurants
Working injuries in restaurants negatively impact your personal and professional life. These tragic events might leave you feeling unclear about your next steps. Below, we’ve provided you with some post-injury guide:
Seek Immediate Medical Attention
Focus on your health by seeking medical care immediately, even for minor wounds. Immediate treatment ensures proper recovery and documents the injury. It is crucial for getting workers’ compensation claims and future medical care.
Notify Your Employer
Report the injury to your employer right away, as most states require on-time reporting. We suggest providing written details about the incident to create an official record. It secures eligibility for workers’ compensation benefits and protection under workplace laws.
Document the Accident
Take photos and write notes about the injury and the conditions that caused it. Collect witness information and keep copies of all documents. Proper documentation strengthens your case for compensation and legal claims. Remember to fill out the incident report form for the restaurant.
File a Workers’ Compensation Claim
Submit a workers’ compensation claim to your employer. It ensures you receive benefits for medical costs and lost wages. Complete the necessary paperwork and meet filing deadlines to protect your right to compensation.
Consult an Attorney if Necessary
Seek expert legal advice if your workers’ compensation claim has yet to be approved within a reasonable amount of time, has been denied, or where the injury results from the employer’s negligence. We offer advice on the law to safeguard your interests if you have to deal with complicated laws on compensation.
Return to Work Safely
Only return to work when your doctor approves you. Ensure any necessary work accommodations are in place. Avoid pushing yourself too soon; request light-duty or modified tasks if your injury requires it.
Compensation Availability After Restaurant Worker Accidents in Chicago
According to the Illinois Workers’ Compensation Act (820 ILCS 305), you will be provided coverage for injuries on the job, including medical expenses, disability benefits, and vocational rehabilitation.
Also, the Premises Liability Act (740 ILCS 130) in Illinois penalizes restaurant owners responsible for maintaining safe conditions to prevent slip and fall injuries.
Here, we have outlined all the types of compensation available to restaurant workers in Chicago after an injury, including both workers’ compensation benefits and other possible legal remedies:
| Type of Compensation | Description | Eligibility |
| Medical Expenses | Coverage for all necessary medical treatment related to the injury, including hospital visits, surgeries, medications, and rehabilitation. | Available to all workers injured. |
| Temporary Total Disability (TTD) | Financial compensation for lost wages is when the employee cannot work because of the injury. | Available if the worker is unable to work for a temporary period. |
| Temporary Partial Disability (TPD) | Financial compensation for lost wages when the worker can work but earns less due to the injury. | Available if the worker can work but with reduced capacity. |
| Permanent Partial Disability (PPD) | Financial compensation for permanent impairments that partially affect the worker’s ability to work. | Available for permanent impairments that do not entirely disable the employee. |
| Permanent Total Disability (PTD) | Financial compensation for permanent injuries that prevent the worker from working. | Available for permanent impairments that disable the worker. |
| Vocational Rehabilitation | Assistance with job training, education, and job placement if the worker cannot return to their previous job. | Available if the worker needs help finding new employment. |
| Death Benefits | Financial compensation for the surviving dependents of a worker who dies as a result of a work-related injury. | Available to the dependents of the deceased worker. |
| Third-Party Lawsuit (Negligence Claim) | Medical bills, pain and suffering, lost wages, and other compensation for injuries caused by another party’s negligence. | If another party (not the employer) is at fault for the injury. |
| Employer Liability for Negligence | Compensation varies based on the severity of negligence and injury, depending on whether the worker’s negligence contributed to the injury. | Available if the employer failed to provide a safe working environment or violated safety laws. |
In other cases, the Comparative Negligence policy will apply. It means you can still recover damages if you’re partially at fault for the injury, but only if you’re less than 50% responsible. Under Illinois Comparative Negligence law (735 ILCS 5/2-1116), you cannot recover if you’re 50% or more at fault.
What Should You Do If Your Workers’ Compensation Claim Is Rejected?
You still have options if your Illinois workers’ compensation lawsuit is denied. Our qualified injury attorneys can help you fight for your dignity as a victim. Denials can happen for various reasons, like disagreements over the injury details or timing.
You can appeal the decision to the Illinois Workers’ Compensation Commission, which will hold a hearing and issue a ruling.
Here are some other things we recommend trying on top of that:
- Carefully review the denial letter to understand why your claim was rejected,
- Collect any additional evidence supporting your claim, including medical records, witness statements, or incident documentation,
- You must file the appeal with the IWCC within 30 days from the date of the denial,
- Consider consulting with a workers’ compensation attorney like ours who can find out the cause of rejection sooner,
- If your appeal proceeds to a hearing, prepare your case and present all evidence clearly through the attorney you hired.
Statute of Limitations for Accidents Involving Restaurant Workers
Under the Workers’ Compensation Act (820 ILCS 305) in Illinoid, you have three years from your injury to make a compensation claim. If you have already received compensation like medical payments or disability benefits, you must file a claim two years from the last payment date.
Although, there are some exceptions, including:
- The deadline for injuries that develop over time is three years from when you knew or should have known your job caused the injury.
- If you are under 18, the deadline starts when you turn 18.
- There are different time limits for claims related to diseases like pneumoconiosis, asbestos, or radiation exposure.
File your claim within these timeframes to ensure you do not lose your right to benefits. If you are unsure about the deadlines or need help with the process, consult us immediately without any hesitation.
Read What Our Happy Clients Have to Say
Pay heed to our clients’ experiences about restaurant worker injuries in Chicago. They emphasized how we helped them achieve the honor and dignity they deserve.
Act Now—Our Consultation Is Free!
If you are an injured worker at a restaurant in Chicago, do not delay seeking legal advice. Contact our experienced restaurant worker accident lawyers today for a free consultation. We will diligently protect your rights and bring you the compensation you deserve!
For a free legal consultation, call 312-261-5656Frequently Asked Questions
What is the workplace injury law in Chicago?
The primary workplace injury law in Chicago is the Illinois Workers’ Compensation Act (820 ILCS 305)
What is the waiting period for workers’ compensation?
Chicago’s waiting period for workers’ compensation benefits is almost zero. Usually, the employees are protected by the Workers’ Compensation Act from the moment they are recruited and must be insured.
Who pays workers’ compensation?
Employers in Illinois are required to pay workers’ compensation insurance charges. This insurance covers medical expenses and lost wages for employees who are injured on the job.
