WORKERS’ COMPENSATION

Cathedral City Restaurant Accidents Lawyer

With more than 30 years of experience, our accomplished attorneys are here to guide you through these difficult times and get the compensation you deserve.

Cathedral City Restaurant Accidents Attorney

When you think of dangerous professions, industries such as construction, law enforcement, and public order might come to mind. However, there are more common industries that pose a significant threat to workers.

Working in a restaurant is more strenuous than many people realize. There are many different hazards that restaurant workers face, and injuries are very common. Unfortunately, restaurant workers do not always get access to the resources that they need after an accident. This results in undue financial strain and hardship.

If you work in the restaurant industry, it’s crucial to understand your rights as an employee. Your employer has a responsibility to keep you safe and provide support if anything should happen to you. If you are not getting the aid you need from your employer after an accident, you have the right to take legal action.

It’s crucial to find an experienced attorney if you have suffered an injury at work. There are many different complicated legal scenarios that may arise, and it’s often difficult to traverse them without an attorney.

English Lloyd & Armenta: Your Cathedral City Restaurant Accident Attorneys

Our team at English Lloyd & Armenta is highly trained to handle restaurant accidents. Though other law firms handle personal injury in general, we are proud to provide restaurant-specific legal knowledge to our clients. This understanding gives us a higher rate of success with our clients, many of whom have been through serious and traumatic events.

We are experienced Coachella Valley personal injury attorneys. Throughout our long careers, we have remained in the area to help protect this community from exploitative workplace tactics. We understand the unique challenges that workers face in the Palm Desert and Palm Springs areas, which makes us your best option after a workplace injury. Our niche experience in the area and knowledge of restaurant law gives you an advantage in the courtroom and any other legal scenarios that may arise from your accident.

What Is a Restaurant Accident Case?

Many people are unfamiliar with restaurant accident cases and what is involved. These cases are simply workplace injury cases that occur in a restaurant. A lot of the rules and regulations are the same as other workplace injury claims, and many times injured employees have similar options. A major difference is that many people expect a higher level of sacrifice in a restaurant than in other industries. Injuries often go unreported, and employers expect their restaurant workers continue their job even if an accident occurs. This is unfair and illegal, and it is one of the ways our team can help you.

If you work in a restaurant and are hurt on the job, you should report it to your manager. They have an obligation to provide certain resources and support to you while you heal. A restaurant accident case may occur if they try to get out of this obligation or otherwise try to get you to waive your rights.

Though, in many cases, you cannot sue your employer, you may be able to press charges against a responsible third party. In some situations, restaurant injuries occur because of another person’s hubris. In these situations, you may be able to bring a personal injury claim against them.

Restaurant accident cases vary greatly depending on the circumstances. To speak generally, they handle any situation in which a restaurant worker is injured in the workplace. However, the legal involvement can be extensive depending on the situation.

Why Do I Need a Restaurant Workers Lawyer?

No matter what, you will have to handle your employer and the workers’ compensation system after you get hurt. This can be a complicated process, and many employees feel intimidated by the process. Unfortunately, many restaurants do not have HR or other support for their employees, making the process even more intimidating. An attorney can help.

In some scenarios, your restaurant workplace injury may warrant a personal injury case. Personal injury cases are serious, and there is a lot at stake in these scenarios. Winning your case may be the difference between struggling to pay bills and supporting your family for years to come. Medical bills that result from these scenarios can be astronomical and are a cost that few families can afford.

Finally, you will be healing during the duration of your case. It’s essential that you focus on this process. Otherwise, you may delay the return of your health. Many people don’t realize how stressful these cases can be if you represent yourself. Stress has an adverse effect on the healing process and can cause more issues than it is worth.

Common Restaurant Industry Injuries and Damages

As with any industry, some injuries are more likely to occur in a restaurant setting than others. The nature of most restaurant positions puts workers at risk for the following injuries:

Cuts
Burns
Scrapes
Slip and fall accidents
Muscle sprains or strains
Broken bones or torn ligaments

These injuries can vary in severity depending on the circumstances. Cuts, for example, can be small and easily treated with a Band-Aid, or they can require extensive stitches or surgery in extreme scenarios.

The main issue with restaurant accidents is that they often impede the employee from performing their job duties. Cuts, burns, and scrapes can happen anywhere, but they often occur on the employee’s hands or arms. While they heal, the employee may be unable to carry plates, prepare food, or operate kitchen machinery in accordance with their job description.

Restaurant Accidents and Workers’ Compensation

Fortunately, the state of California requires that all workplaces have workers’ compensation insurance. This applies to businesses of all sizes, and few businesses are exempt. This means most restaurants will have workers’ compensation insurance for their employees. Just like regular insurance, an employer pays a monthly premium to a workers’ compensation insurance company, and in return, the insurance pays for medical bills if anything should happen to an employee.

If you are hurt on the job at a restaurant, you should file an incident report with your employer. They likely have certain forms you must complete so that they can make the workers’ compensation claim and get you the money you deserve. This process can be confusing, which is why it’s often helpful to have an attorney on your side.

There should be very little resistance from your employer when you make a workers’ compensation claim. If they try to dissuade you from making a claim, try to downplay your injuries, or try to convince you that they don’t have to pay, it’s time to get an attorney involved. Workers’ compensation should be paid regardless of who was at fault. The only times in which workers’ compensation may be denied is if:

You were injured while roughhousing or engaging in horseplay.
You were under the influence of drugs or alcohol when your injury occurred.
You purposefully injured yourself.

In most other scenarios, workers’ compensation should cover your injuries. Please note that you do not need to be directly doing your job when the injury occurred to qualify. As long as you were acting within the scope of normal behavior while at work, you should get compensation.

Restaurant Accidents and Personal Injury Law

The caveat to the robust California workers’ compensation requirements is that you cannot sue your employer if you get hurt. Workers’ compensation protects you from having to pay your medical bills, and it protects the employer from being sued directly. However, there are some situations in which a personal injury case may be appropriate.

If a third party such as a coworker or vendor was responsible for your injury, you may be able to seek damages from them in a personal injury claim. The settlement from this claim can help you to financially recover from time off work, lost future wages, and more that workers’ compensation can’t cover.

Personal injury claims rely upon an individual acting negligently. For example, if your coworker was drinking alcohol on the job and burned you with a pan, they were acting negligently by working while under the influence. Therefore, they could be held liable through a personal injury claim.

Personal injury claims may also be appropriate if someone acted maliciously to harm you. For example, if a disgruntled customer sticks their foot out and trips you, a personal injury claim would allow you to seek damages from them for purposefully hurting you.

If a person besides your employer was involved in your accident, it is worth exploring a personal injury case. You can gain significant financial support from these cases, and the extra compensation is often crucial for those who are healing from an injury.

Types of Personal Injury Compensation

If you can file a personal injury case after a restaurant accident, your settlement will take into account several different types of damages. Not all types are applicable in all cases, but your personal injury lawyer will be able to help you to determine what is appropriate in your case.

Specific Damages

The first thing that can be included in your settlement is specific damages. These are concrete costs that you have or will have as the result of your accident. Examples include:

Medical costs
Lost wages
Household expenses
Future lost wages or diminished earning ability
Money lost from altering plans or canceling vacations

These are the damages that are most often covered in a personal injury case.

General Damages

General damages are not as concrete as specific damages, and they are more difficult to explain. However, despite their amorphous nature, general damages are to be expected in most personal injury cases. Examples of general damages include:

Pain and suffering
Loss of companionship
Mental injuries or suffering

Your attorney will be able to advise you on whether these damages are appropriate for your case. Most people suffer from one of the above during their injury, and most attorneys will try to fight for general damage compensation.

Punitive Damages

Punitive damages are by far the rarest facet of personal injury compensation. You will only receive punitive damages if you can prove that your assailant acted in a particularly despicable or unnatural way. Some examples include:

Sexual assault cases
Incidents of aggravated assault
Fraudulent behavior

Most people don’t earn punitive damages in a personal injury case unless the person who harmed them acted maliciously. In these cases, there may be other charges brought against the offender.

Wrongful Death

In some extreme scenarios, a restaurant employee does not survive a workplace injury. In these cases, a wrongful death case may be appropriate. Though a legal claim cannot bring the employee back, it may help the family to recover financially.

Many wrongful death cases cover the burial and funeral expenses, which can allow the family to mourn without having to worry about finances. Wrongful death cases can also include lost income that would have been earned by the deceased had they survived. Many times, the family would be financially vulnerable without the income of the deceased. A wrongful death settlement can help to compensate for the sudden loss of earning capacity.

Finding a Palm Springs Lawyer Who Can Help

If you’re facing a restaurant accident, you may feel confused about how to move forward. It’s perfectly natural to feel lost, but there are people who can help. When you’re looking for an attorney to represent you, it’s important to look for some specific qualifications, including:

A history of fighting for restaurant workers
A history in personal injury law
Compassion
Communication
A history of winning cases like yours

You may also want to ensure you feel comfortable with an attorney before you begin to work with them. You will need to speak openly and honestly with them about your experience, so trust is paramount.

Contact English Lloyd & Armenta

Our team at English Lloyd & Armenta has been fighting for injured restaurant workers for years. We can help you win your case and earn the compensation that you deserve. For more information on how we can help, please contact us online.