Commercial kitchens, restaurants, food trucks, and similar businesses can be dangerous places for workers. The risk of injury from ovens, hot surfaces, slippery floors, and sharp knives is high. When injuries occur, the injured worker may have a right to file a workers’ compensation claim to receive paid medical care and reimbursement of a portion of their lost wages.
If you work in the food service industry in Kentucky and sustained an injury on the job, you should talk with a knowledgeable workers’ compensation lawyer about your rights and the steps available to you. Most businesses in Kentucky are required to have workers’ compensation insurance to protect employees who suffer work-related injuries.
The attorneys at Morgan, Collins, Yeast & Salyer are proud to help our fellow Kentuckians pursue workers’ compensation benefits to recover from serious injuries. Call to set up a free initial consultation with the attorneys known for their Kentucky Courage.
5 Most Common Injuries in Food Service Industry
Private employers reported 2.6 million workplace injuries nationwide in a recent year. The most common injuries in the food service industry were:
1. Cuts and Lacerations
Knives, slicers, and other sharp objects used in food service cause many cuts and lacerations. The Bureau of Labor Statistics reported that food service workers suffered 8,110 injuries in a recent year.
2. Burns and Scalds
Handling hot liquids or steaming foods and cooking over hot oil can all lead to severe burns. This food service injury can involve a lengthy recovery.
3. Slips, Trips, and Falls
Wet floors, spilled liquids, obstacles, or uneven floor surfaces contribute to food service workers sustaining injuries in slips, trips, and falls.
4. Muscle Sprains and Strains
Extended standing, repetitive tasks, and lifting heavy objects can result in muscle sprains and strains.
5. Chemical Exposure
Cleaning and disinfecting procedures may lead to chemical burns.
Rights of Injured Food Service Workers
After a work-related accident, you have a right to seek workers’ compensation benefits if you are a full or part-time food service worker and you suffer injuries in the course of your job duties. The Commonwealth of Kentucky administers the workers’ compensation system as a no-fault benefit. Injured employees are entitled to workers’ compensation insurance benefits regardless of who was at fault for the workplace accident.
Workers’ compensation pays for all reasonable medical care for the injured worker and partial reimbursement of lost wages. If a worker dies, the family can also apply for workers’ compensation death benefits.
Our workers’ compensation attorneys at Morgan, Collins, Yeast & Salyer can review the details of your injury and help you evaluate whether submitting a workers’ compensation is the right move for you to make. Our law firm handles workers’ compensation claims for injured workers.
Workers’ compensation is an exclusive remedy. That means an injured employee is entitled to medical care without having to prove who was responsible for the injury. Injured employees generally do not have the right to sue an employer.
If the injury was the fault of a third party, such as a vendor, property owner, contractor, or product manufacturer, filing a personal injury lawsuit may be an option. In a lawsuit against a third party, an injured worker may pursue compensation for their losses, including pain and suffering.
There are procedural steps you need to take if you suffer injuries on the job. If the injury is severe or life-threatening, seek emergency medical treatment. Otherwise, you must do the following:
- Notify your employer immediately if possible. The employer must file a First Report of Injury within three days of the incident after they become aware of it.
- You must choose a physician from a pre-approved list.
- When you go to the doctor, bring a Medical Status form and return it afterward.
Legal Responsibilities of Employers
Employers of food industry workers are responsible for keeping workers safe and preventing illnesses and work-related accidents. From removing safety hazards to complying with local and federal rules and regulations, this is a critical part of their role. It includes:
- Employee Training: Training is critical in helping employees do their jobs while remaining safe and avoiding injuries.
- OSHA Guidelines: The Occupational Safety and Health Administration provides rules and regulations that help prevent injuries in the workplace. OSHA demands proper labeling, training, and safety Data Sheets (SDS) in the use of toxic chemicals. OSHA requires that restaurants and food service areas have fire extinguishers and employee training for restaurant workers in safety procedures.
- Personal Protective Equipment (PPE): Restaurant owners and other food service employers must provide gloves, aprons, and, in some cases, eye goggles to restaurant workers who deal with hot pans or oil and clean with toxic chemicals.
- Reporting and Record Keeping: The Occupational Health and Safety Administration requires that businesses maintain strict records of worker injuries and illnesses. An employer or their staff must use an OSHA Record Keeping 300 Form. Kentucky General Assembly also has requirements for record-keeping and other safety issues in the Title 902 Chapter 45.
Legal Options for Injured Food Service Workers
When you’ve been hurt on the job, you have choices about what to do. You should have a lawyer assess your options and discuss the appropriate steps for you to take.
Consulting a Lawyer
Even though you’re not required to have a law firm represent you, having a lawyer review your workplace injuries and explain your legal rights is in your best interest. The workers’ compensation lawyers at Morgan, Collins, Yeast & Salyer can help by:
- Reviewing your case
- Investigating what happened
- Determining your eligibility for workers’ compensation benefits to cover medical bills
- Determining whether you are entitled to a personal injury lawsuit
- Identifying responsible third parties
- Making sure you meet deadlines
Call a Workers’ Compensation Attorney in Lexington
Contacting an experienced lawyer after you suffer injuries in the food service industry is a smart move. At Morgan, Collins, Yeast & Salyer, we are proud to use our legal skills to help hardworking Kentuckians who have been injured in the food service industry. We can help you file a workers’ compensation claim and seek the benefits you deserve for on-the-job injuries. Our attorneys are skilled negotiators and effective trial lawyers. We have recovered over $300 million in workers’ compensation benefits for injured workers and their families. We’ll work to recover fair compensation for you when you need help the most.
Call (877) 809-5352 for a free consultation if you or a loved one has suffered an injury at work. We offer a free case evaluation to help you assess your options. Focus on healing and let our experienced workers’ comp lawyers do the rest.
