When you’re injured during your shift, you should be able to get monetary help to cover your lost wages and medical expenses.
Talk to our Georgia injury lawyer.
Most people mistakenly think workers’ compensation only covers especially dangerous workplaces like construction or manufacturing, but that’s not true. Employees from nearly every occupation are eligible for workers’ compensation benefits in Georgia—including restaurant staff.
If you were injured on the job in Kennesaw, Peachtree Corners, Savannah, or anywhere else in Georgia while working in a bar or restaurant, you’re most likely entitled to workers’ compensation. It doesn’t matter if you work as a dishwasher, waiter, cook, host, bartender, busser, or manager—you should be able to get benefits to cover your lost wages and medical expenses.
Unfortunately, not all workers’ compensation claims go smoothly. While some restaurant workers find their claims are initially denied, others are frequently pressured into accepting lowball offers that are far less than they deserve.
At Gerber & Elkins, our team has decades of experience fighting for the rights of injured restaurant workers. Recently, we were able to get a $225,000 settlement for a 51-year-old restaurant worker who suffered a severe head injury after he slipped and fell while taking trash out to a dumpster during a busy shift.
Are you or a loved one suffering from a serious injury or occupational illness and need help filing a workers’ comp claim or appeal?
Schedule a free consultation with Gerber & Elkins Workers’ Compensation Attorneys today.
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What are the hazards of working in a restaurant?
Commercial kitchens are fast-paced environments where employees routinely work around hot surfaces, sharp objects, heavy equipment, and slippery floors.
The risk of injury is often highest during lunch and dinner rushes, holidays, weekends, and other peak hours when restaurants become crowded and employees are moving faster than normal to keep up with customer demand.
During these busy times, kitchens can become overcrowded and chaotic as staff rush between workstations carrying hot food, sharp utensils, and heavy trays.
Fatigue may also build throughout a late-night or double shift, making communication mistakes more likely, especially when a restaurant is slammed. Under pressure to get orders out quickly, workers may take shortcuts or have less time to recognize hazards around them.
As a result, many restaurant accidents occur during peak service hours when even a small mistake can lead to a workplace injury.
What are the most common injuries in restaurants?
Some of the most common restaurant and kitchen injuries include:
- Slips and fall injuries, like ankle, knee, wrist, and head injuries, caused by spilled drinks, grease, wet floors, or cluttered walkways
- Back and neck injuries from lifting heavy trays, boxes, kegs, or restaurant supplies
- Burns and scalds caused by hot food, plates, ovens, grills, deep fryers, and boiling liquids
- Cuts, lacerations, and amputations caused by knives, slicers, broken glass, and broken dishes
- Repetitive stress injuries, like carpal tunnel syndrome, caused by food prep, serving, cleaning, sweeping, mopping, and other repetitive tasks
- Eye injuries caused by hot grease splatter, steam, broken glass, or exposure to cleaning chemicals
- Respiratory problems and chemical burns caused by exposure to cleaning products, degreasers, and other sanitizing chemicals
- Crush injuries involving heavy equipment, storage racks, delivery carts, or falling objects
- Foot and toe injuries caused by dropped cookware, kitchen equipment, or heavy inventory items
- Heat exhaustion and heat-related illnesses caused by prolonged exposure to hot kitchen environments
- Injuries like broken bones and concussions caused by violent or aggressive customers
Fortunately, if you were hurt during your shift at a restaurant in Georgia, you could be eligible for workers’ compensation benefits.
What to do if you’re injured on the job in a restaurant
Each state is allowed to determine if restaurants are required to carry workers’ compensation insurance. In Georgia, restaurants and fast food eateries are indeed required to have such coverage. While it may be tempting to just “soldier on” or “walk off” that latest injury, it’s important to tell your manager when you’re hurt and seek immediate medical help.
Some employers have workers’ compensation policies that explain exactly which doctor you should see. You can always get a second opinion, or head straight to the emergency room if the injury is severe. Without proper treatment, your injury could become worse, leading to more downtime and a longer recovery.
After receiving treatment for your injury, consult a workers’ compensation lawyer near you to calculate how much your claim is worth. By filing a workers’ compensation claim, you’ll not only be reimbursed for medical expenses, but also lost wages and rehabilitation costs.
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Compensation after a workplace restaurant accident
If you’re pursuing a workers’ compensation claim, the most fundamental piece of evidence you must show is that you were genuinely injured while on the clock. Insurers often attempt to deny restaurant staff workers’ compensation claims because they don’t believe the injury was sustained at work.
It’s important to have statements from restaurant co-workers or bartenders, or any kitchen staff who may have witnessed the injury, validating your point of view. Seeking statements from patrons who may have witnessed your injury is another option.
It can also help your case a great deal if you’re able to secure video recordings of the incident made by security cameras. Of course, if you were hurt during your shift, immediately inform your manager and seek medical attention right away. Informing your supervisor about the injury should generate an official record of the incident, which is an important piece of evidence when filing a workers’ compensation claim.
In most states (including Georgia), injured employees cannot sue their employers, but filing a third-party claim against a customer, coworker or someone else who may have contributed to your injuries may be an option. You’ll certainly want a knowledgeable workers’ compensation attorney working on your behalf should you choose to go down this route.
Are tips included in workers’ compensation payroll?
Workers’ compensation settlements are usually made up of 2 components: 1) pay for hours you couldn’t work, and 2) medical treatment. However, workers’ compensation involving restaurant employees also sometimes take into account the loss of earnings via tips.
Insurers may try to have your tip income excluded from workers’ compensation payments, especially if those tips aren’t taxed. However, there have been instances when a court has ruled in favor of a plaintiff regarding tip income if it could be proven that you have acknowledged tips to your restaurant manager at the end of your shift.
Did you know that workers’ compensation rules vary depending on the state where you were hurt? For more information on workplace injuries and other frequently asked questions about Georgia workers’ compensation and disability benefits, visit our FAQs page.
Client success
Our record of winning accident cases in Georgia speaks for itself:
Let our Georgia workers’ compensation attorneys serve you
If you or a loved one works as waitstaff or cook in a restaurant and were injured on the job, don’t wait to seek medical help and inform your manager. Once that’s done, contact the experienced Georgia workers’ compensation lawyers at Gerber & Elkins Workers’ Compensation Attorneys so that we can assist in evaluating your case and discover the best route forward.
