WORKERS’ COMPENSATION

Desert Hot Springs Restaurant Accident 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.

Desert Hot Springs Restaurant Accident Attorney

Working in a restaurant is inherently risky in several ways. Even the most experienced cooks, servers, and other restaurant staff can sustain unexpected injuries while working, sometimes resulting in long-term or permanent harm and diminished future earning capacity. It’s also possible for restaurant guests to suffer injuries from excessively hot food and negligence from staff members in Desert Hot Springs, CA.

Experienced Legal Advocacy for Restaurant Accident Claims in Desert Hot Springs, CA

If you were recently injured while working or visiting a restaurant, a Desert Hot Springs restaurant accident attorney can provide the legal representation you need to recover as fully as possible. If your injury occurred while working, you are likely eligible to file a workers’ compensation claim, and you could also have grounds for additional legal recourse depending on the exact cause of your injury. If you were hurt as a guest, you could have grounds for a civil suit against the restaurant. In either case, the team at English Lloyd & Armenta has the professional skills and resources necessary to navigate your case toward a successful conclusion.

Our team has experience representing injured clients in Desert Hot Springs and surrounding areas. We take time to get to know every client and provide them with the responsive and compassionate legal counsel they need to make informed decisions about their recoveries. We’ll take time to get to know you and learn your story. You could have grounds to seek a more expansive recovery than you initially expected.

How to File a Personal Injury Claim for a Restaurant Accident

If you were hurt while visiting a restaurant as a customer, you likely have grounds to file a personal injury suit against the restaurant. To succeed with this claim, you must prove that the restaurant was negligent or committed an act of intentional misconduct that directly led to your injuries. You must also be prepared to show the full extent of those injuries and all resulting damages from the incident in question.

Some of the most common causes of restaurant injury claims from guests include burns from hot food and lacerations from broken glass. It’s also possible for a guest to suffer a slip and fall on a wet floor, and if the floor is not properly marked, this would be a failure of the restaurant’s duty of care to maintain safe premises. Whether your injury resulted from excessively hot food, a wet floor, or some other form of negligence, your Desert Hot Springs restaurant injury attorney will help you gather the evidence needed to compile your injury claim.

Succeeding with such a case demands accurate identification of the parties responsible and proof of the full scope of the damages. Most personal injury claims end in settlement, and if the defendant’s fault is clear, it behooves them to seek a swift settlement to resolve their claim. However, if you must resolve your case through litigation, you will need experienced legal counsel on your side to reach the best possible outcome.

Damages and Compensation for Restaurant Accident Injuries

Once you have established fault for your restaurant injury, you will secure compensation for all the damages resulting from the incident in question. These can include medical expenses for any and all treatment you require to heal from your injury, ongoing medical treatment costs if you suffered any severe injury, and compensation for your lost income if you cannot work because of the injury you suffered. You also can claim compensation for lost future earning capacity if you cannot go back to your job due to the severity of your condition.

California law also allows you to claim compensation for pain and suffering. A burn is a traumatic and very painful injury, and if your restaurant injury resulted in any long-term or permanent disability, you could seek compensation due to the psychological impact of this experience. When you choose English Lloyd & Armenta as your personal injury counsel, we will seek the maximum compensation possible for the damages and streamline your case proceedings however we can. Our group has assisted many clients in the Desert Hot Springs area with a wide range of civil claims for damages, and we are ready to leverage our resources and experience for you.

Recovery Options for Restaurant Staff Injured on the Job

If you work in a restaurant and suffer a severe cut, a burn, or any other injury while performing your job duties, you can claim workers’ compensation benefits. In California, workers’ compensation exists to provide a safety net to injured workers, providing coverage for their healthcare expenses and disability benefits while they recover and are unable to work. Additionally, workers’ compensation insurance protects employers, preventing them from facing civil liability for their employees’ injuries at work.

After an injury in your restaurant, you should make sure your employer knows about the injury and then seek medical care immediately. Your employer is required to document the injury in an incident report to which you will need to refer later. Your employer is also required to give you all the paperwork you need to file a claim for benefits, and they may not disrupt the claim filing process.

Part of the workers’ compensation claim filing process in Desert Hot Springs is undergoing a medical evaluation from a workers’ compensation physician. Your employer must provide a list of local physicians you can visit for this examination, and they will assign you a numerical disability rating based on the severity of your injury. This rating informs the level of benefits you can expect from the workers’ compensation insurance carrier.

After completing all the preliminary requirements of your claim, your Desert Hot Springs restaurant injury attorney can help you file your claim and then handle any disputes that might arise with the insurance carrier. If the insurance carrier delivers an unsatisfactory determination of benefits, your attorney can address the issue for you to ensure you receive the compensation you legally deserve.

Most claimants who qualify for worker’s compensation benefits will have all of their medical expenses covered and then receive ongoing disability benefits for up to 104 weeks. When a claimant qualifies for temporary total disability benefits because they cannot work at all during recovery, they can receive up to two-thirds of their average weekly wage each week. If they can still work during recovery but cannot earn as much income, they will receive partial disability benefits. They must report their weekly earnings and any updates on their recovery to the insurance company to maintain eligibility, and once they regain the full functional capacity to work, their benefits will end.

How an Attorney Can Help With a Workers’ Compensation Claim

The workers’ compensation claim filing process might seem simple and straightforward, but it’s possible for many issues to arise with your restaurant injury claim. Unfortunately, not every employer upholds their legal obligations to their injured workers, and some go so far as to interfere directly with employee claims. You may have grounds for legal recourse against an employer for retaliating against your claim or disrupting the claim process.

Even if your employer fulfills all their legal obligations, you could still face complications with the insurance carrier. No insurance company has any incentive to pay out a maximum settlement for any claim, so they will generally look for all the reasons they can find to reduce a settlement offer or outright deny a claim. Having an experienced Desert Hot Springs restaurant injury attorney help you with your claim will dramatically reduce the chances of that happening.

It’s also possible to have grounds for a third-party personal injury claim in addition to your workers’ compensation claim. While you typically cannot sue your employer in response to a workplace injury if they have workers’ compensation insurance, if someone else is responsible for causing your damage, you would be able to bring a civil suit against them. This could help you recover compensation for damages not covered by your workers’ compensation claim.

The attorneys at English Lloyd & Armenta can provide the comprehensive legal representation you need, no matter what your restaurant injury claim entails. If applicable to your situation, we will assist you with all steps of the workers’ compensation claim filing process and help you maximize the benefits you obtain. If you are able to file a third-party personal injury suit or you were injured as a guest and need to file a standalone civil suit against a restaurant, you can rely on our firm for assistance with this, too.

FAQs

Q: How Long After an Accident Can You Sue for Personal Injury in California?

A: If there are grounds for a personal injury suit against a restaurant or any other party, you must file your claim within two years of the date the injury occurred. This might seem like more than enough time, but there are various procedural requirements you must meet to proceed with your claim. After your injury, seek medical care immediately and then reach out to a Desert Hot Springs restaurant injury attorney right away to start your recovery process.

Q: Can You Sue a Restaurant if the Food Is Too Hot?

A: Yes, it is possible to file a civil suit if you are seriously injured as a result of food being too hot. Many high-profile civil suits have arisen over recent years pertaining to food-related injuries. When food is served hot in a restaurant, the server should warn the guest and take reasonable steps to prevent injuries. If you are unsure whether you have grounds for legal action in response to a burn from hot food, consult a Desert Hot Springs restaurant injury attorney at your earliest opportunity.

Q: How Much Can I Receive in Workers’ Compensation Benefits if I Was Injured While Working in a Restaurant?

A: Virtually every employer in the state must have workers’ compensation insurance, including restaurant owners. If you are hurt while working in a restaurant, you can claim workers’ compensation benefits. An experienced attorney can help you succeed with your claim, potentially helping you secure compensation for your medical expenses and lost income during your recovery period.

Q: How Much Can I Claim in Pain and Suffering Damages?

A: If you can file a civil suit in response to your restaurant injury, California law enables you to seek compensation for pain and suffering from the defendant responsible. There is no limit on this aspect of your recovery, so your pain and suffering may lead to the greatest form of compensation you obtain from your successful case. Your Desert Hot Springs restaurant injury attorney will help you determine a suitable figure based on how serious your injury is and whether you suffered long-term or permanent harm.

Q: How Much Does It Cost to Hire a Desert Hot Springs Restaurant Injury Attorney?

A: Whether you need legal counsel for a workers’ compensation claim and subsequent third-party claim or you are filing a standalone personal injury suit, the team at English Lloyd & Armenta accepts clients on a contingency fee basis. This means you only pay a legal fee once we win your case, and your fee is a percentage of your final case award. There is no initial fee when you sign a contract for our representation, and you will not pay anything during your case proceedings. If we are unable to secure compensation for you, you pay nothing, so there is no risk to you by hiring our team to represent you.

The team at English Lloyd & Armenta has years of professional experience handling all types of work injury cases and personal injury cases on behalf of Desert Hot Springs area clients. Any restaurant injury has the potential to be life-changing, both in terms of the injuries the victim might suffer and the scope of the economic damages they could incur from the incident. Whatever your situation entails, our team is ready to help maximize your recovery. Contact English Lloyd & Armenta today and schedule a free case review with a Desert Hot Springs restaurant injury attorney you can trust.

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