Restaurant workers in Hershey, Pennsylvania, face a wide range of hazards in the workplace, from hot stovetops to wet floors, for example. If you sustained injuries while working in a restaurant in Hershey, you may be entitled to recover workers’ compensation benefits.
At Calhoon and Kaminsky P.C., we have over two decades of experience handling workers’ compensation claims for restaurant industry employees and other workers in Pennsylvania.
Contact our law firm now for a free consultation with a member of our legal team to learn more about your rights as an injured restaurant worker and the process of obtaining the compensation you need.
When Can Food Service Workers in PA Receive Workers’ Compensation?
Food service workers in Pennsylvania can receive workers’ compensation benefits for injuries sustained in the course and scope of their employment. That means the injury must occur on company property or while the employee is furthering their employer’s business interests by performing job duties.
With very limited exceptions, all workplace injuries are covered for food service employees. However, restaurant employees must take quick action and report their injuries to their employers within 120 days at the latest.
What Type of Food Service Workers Are Eligible for Workers’ Compensation?
Regardless of whether you work in fast food or fine dining, or whether you are a cook, a server, a host, or fill another position, you are most likely eligible for workers’ compensation benefits. Workers’ compensation benefits cover all employees, including part-time employees and employees who are injured on their very first day on the job.
Independent contractors are not eligible for workers’ comp benefits. However, food service workers are generally presumed to be employees due to the control their employers have over how, when, and what work they perform.
If your employer attempts to talk you out of filing for workers’ compensation by saying you are not eligible, you need to contact our experienced workers’ compensation lawyer for restaurant employees right away.
What Injuries Are Common for PA Food Service Workers?
Pennsylvania food service workers are prone to several types of injuries due to the hazards they face in the workplace. Some of the most common of these injuries include:
- Cuts and punctures caused by knives, food slicers, and other sharp tools used in the kitchen
- Burns caused by hot stovetops, ovens, liquids, and open flames in the kitchen area
- Broken bones resulting from slips, trips, and falls due to spills, causing floors to become slippery
- Soft tissue injuries impacting the muscles, ligaments, and tendons, also often resulting from slips, trips, and falls
- Repetitive stress injuries caused by performing the same motions for prolonged periods
- Back and spine injuries related to workers being on their feet all day and lifting heavy boxes of food supplies
What to Do and Not to Do After a Workers’ Compensation Injury
Following a workplace injury in food service, it is crucial for employees to know the proper steps to take and what to avoid to maximize their workers’ compensation benefits. In general, injured workers should:
- Report your injury to your employer or supervisor as soon as possible.
- Seek medical treatment for your injury and follow up with ongoing treatment until you are fully recovered.
- Document the incident that caused your injury as well as your recovery process.
- Keep track of all medical documentation you receive relating to your injury.
- Consult our experienced work injury lawyer about your case.
Injured workers should also avoid doing any of the following, as it could jeopardize their claims:
- Speaking carelessly to the insurance adjuster handling your case, as their job is to find an excuse to deny or devalue your claim. Use caution when speaking with them.
- Avoid attempting to handle your case on your own, as you will likely end up with less compensation than if you worked with a lawyer.
- Avoid being pressured by your employer to return to work before your doctor has cleared you to do so.
Ways for Restaurant Employees to Avoid Injuries
Restaurant employees and their employers can reduce the risk of workplace injuries by implementing several basic strategies, including maintaining a clean and organized workspace. When kitchens are clean and organized, it is less likely that workers will slip, trip, or fall, which are among the leading causes of injuries for restaurant workers.
Additionally, workers should follow general safety practices when handling hot or sharp objects. Communication with other employees in the kitchen area is key. When workers fail to communicate, it can cause them to run into or spill things on each other, leading to severe injuries.
It is critical to note that Pennsylvania workers’ compensation is a no-fault system. That means benefits are available regardless of whether the employer or the worker did something careless to cause the accident.
Challenges in Workers’ Compensation Claims for Food Service Workers
Food service workers can face several challenges when seeking workers’ compensation benefits following an on-the-job injury. A few examples of challenges you may experience include:
- Proving your injury was related to your work, particularly if it is a repetitive stress injury or an occupational illness
- Gathering the medical documentation you need to support your claim
- Disputing the insurance company’s claims that your injuries are not work-related or that your treatment was not necessary
- Being pressured to return to work before your injury has healed enough
- Having your work restrictions ignored by your employer when you do return to work
An experienced workers’ compensation lawyer from Calhoon and Kaminsky P.C. can help you overcome these and other challenges by handling your case on your behalf, including all communications with your employer and the insurance provider.
How Our PA Workers’ Compensation Lawyer Can Help You
Our PA workers’ comp attorneys can help you with your case from start to finish. When you hire our team, we will assist in the following ways:
- Investigating the incident that injured you to gather evidence supporting your claim
- Working with your doctor to determine your work restrictions and treatment plan
- Calculating the value of your claim by adding up medical bills and lost wages
- Negotiating with your employer’s insurer to obtain a fair settlement in your case
- Filing appeals on your behalf and representing you in hearings if the insurance provider denies your claim, terminates your benefits, or does not pay the benefits you are entitled to
FAQs About Workers’ Comp for the Restaurant Industry
What Do I Do If My Workers’ Comp Gets Denied the First Time When I Was Injured at a Restaurant as an Employee?
If your workers’ comp claim is rejected the first time you submit it, it is critical that you hire a workers’ comp attorney to handle your appeal.
Your employer’s insurer should have included the reason for the denial within the denial letter it sent to you. A workplace injury attorney from our law firm can review the reason for denial and collect additional evidence to strengthen your case before filing your appeal and representing you either in negotiations with the insurance company or at a hearing before a workers’ compensation judge.
What If I Was Partly at Fault for My Injury at the Restaurant?
Whether you were partly at fault for your injury that occurred while working in a restaurant does not affect your ability to recover workers’ compensation benefits. Workers’ comp is a no-fault system, which means you can recover benefits regardless of who caused your injuries and without proving their fault, even if that person was yourself.
However, there are a few exceptions to this rule. For example, intentionally self-inflicted injuries are not covered. If your injury occurred because you were intoxicated on the job, it is unlikely to be covered, as well.
What Benefits Can I Recover If I’m Injured in a Restaurant as an Employee?
Injured restaurant employees can recover two main types of benefits:
- Medical coverage ‒ These benefits cover all of your reasonable and necessary medical treatments related to the work injury.
- Wage loss coverage ‒ These benefits cover a portion of your wages, typically two-thirds, while you are recovering from your injury. If your injury results in the permanent loss of use of a body part, you are also entitled to a set number of weeks of wage loss benefits.
Can I Sue My Employer?
If you are an employee covered by workers’ compensation, you cannot sue your employer for job-related injuries unless your employer intentionally caused you harm, such as by assaulting you.
Pennsylvania’s workers’ compensation system is a trade-off between employers and employees. In exchange for not having to prove their employer’s negligence to recover no-fault benefits for a work injury, employees are barred from bringing personal injury lawsuits against their employers.
Contact the Hershey Workers’ Comp Lawyers at Calhoon and Kaminsky P.C. Today
If you were injured in Hershey, PA, while working in a restaurant, you need an experienced workers’ compensation lawyer to protect your rights and help you seek the benefits you deserve.
At Calhoon and Kaminsky P.C., our workers’ comp attorneys have recovered more than $221 million for injured workers across the state. We have over 20 years of experience fighting for the rights of injured workers and never charge a fee unless we win your case.
Contact our firm today for a free consultation and learn more about workers’ comp for restaurant workers.
