WORKERS’ COMPENSATION

Indio 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.

Indio Restaurant Accidents Attorney

People living in the Indio, CA, area enjoy dining out at the area’s many restaurants. The majority of these patrons have positive experiences while dining out. Similarly, many restaurant employees enjoy relative safety at work. However, both restaurant workers and the customers they serve can potentially sustain injuries inside restaurants. Some of these incidents occur due to negligence, while others result from careless restaurant management that failed to address foreseeable safety issues.

Representing Victims of Restaurant Accidents in Indio, CA

If you or someone you love recently suffered injuries while visiting a restaurant in Indio, or if you work in a restaurant and sustained an injury while doing your job, it’s essential to know the legal options available to you that can help you recover your losses.

English, Lloyd & Armenta’s team of experienced Indio attorneys has helped many clients with complex workers’ compensation claims for restaurant injuries. We have also assisted many personal injury clients in Indio, CA, in holding restaurants accountable for the injuries they suffered while dining. So, if you have recently experienced a restaurant accident as a patron or employee, we can help.

Why Do I Need an Indio Restaurant Accident Lawyer?

Having the right attorney assist you with your recovery is a tremendous advantage no matter what your case entails. For example, if you must file a workers’ compensation claim for your injury sustained while working in a local restaurant, your attorney can make the claim process much easier and more likely to succeed. Your legal team can help you fill out the necessary claim forms and guide you through the process of securing the benefits you rightfully deserve under California law. Likewise, if you are a patron who needs to file a personal injury claim against a restaurant, success with any civil claim is much likelier when you have reliable legal counsel on your side.

As far as workers’ compensation claims are concerned, filing a claim for workers’ compensation benefits is more complicated than many injured workers expect. Additionally, any mistakes in the claim process can lead to significant delays in processing a claim, and there is no guarantee that the workers’ compensation insurance carrier will deliver a suitable determination. However, an experienced Indio restaurant accidents lawyer makes completing your claim forms and gathering any supplementary information you must provide to support your claim much easier.

When it comes to personal injury cases, you might think that the fault for your recent restaurant accident is perfectly clear. However, no matter how straightforward a personal injury case may seem at first, the average person with no legal training is likely to make critical mistakes if they attempt to handle their claim alone. So, instead of risking your recovery and trying to handle your case unassisted while managing the aftermath of your injury, have an experienced Indio restaurant accidents attorney represent your case and help you secure the compensation you deserve.

Common Types of Restaurant Accidents

Both employees and patrons of restaurants may suffer a wide range of injuries from various sources inside any given restaurant. Some of the most common hazards facing restaurant staff are:

Kitchen fires.
Hot objects and surfaces.
Hot drinks and spills.
Injuries from hot splattering cooking oils.
Injuries from cutlery and kitchen utensils.
Slip and fall hazards from dirty and wet floors.
Injuries from collisions with other workers during busy periods.
Smoke inhalation and injuries from poor ventilation.

Restaurant patrons can face many of the same risks, but they do not have the training or experience that the restaurant staff possesses. This leaves them more vulnerable in some situations, and patrons also risk food poisoning and foodborne illness when a restaurant fails to properly manage its inventory of food products. In addition, depending on how a restaurant accident occurs, one or more parties may bear liability for damages to multiple victims. These cases can quickly escalate into complex legal actions, including both workers’ compensation claims and civil lawsuits for personal injury.

Filing a Workers’ Compensation Claim for a Restaurant Injury

If you are injured at work in California, you can file a workers’ compensation claim. California state law requires every employer to have workers’ compensation insurance. Your Indio restaurant injuries lawyer can assist you in filing your claim. You must report the injury to your supervisor as soon as possible and request the materials you must have in order to file a claim for workers’ compensation benefits. Employers are not allowed to interfere with the claim process, nor may they take any punitive actions against an employee who asks for a workers’ compensation claim form.

If you encounter any problems with your employer, such as refusal to provide you with claim forms or termination of your employment upon your request to file a workers’ compensation claim, you should consult an experienced attorney as soon as possible. You would likely have grounds for a retaliation claim in this situation, and you can hold your employer accountable for their refusal to abide by California state law.

Once you complete your claim forms and gather any supporting documentation necessary for your case, you submit your claim materials to your employer’s workers’ compensation insurance carrier. The insurance carrier will likely require you to visit an approved physician for a medical examination. You can see any available doctor in an emergency, but you must have an exam performed by an approved workers’ compensation doctor to obtain a disability rating.

This rating determines the scope of benefits you can receive. Workers’ compensation will typically cover all the claimant’s medical expenses, and they can win compensation for lost income in the form of disability benefits. The insurance company will use the doctor’s report of your condition to determine an appropriate arrangement of your benefits. Most claimants can receive up to two-thirds of their average weekly wages until they recover and return to work.

It’s important to note that California’s workers’ compensation laws typically prevent injured employees from filing civil claims for damages against their employers for workplace injuries. Workers’ compensation insurance generally shields employers from liability for their employees’ workplace injuries, but there are some exceptions to this. For example, if your employer or a co-worker intentionally caused your restaurant injury, you would likely have grounds for a civil claim against the party who harmed you.

Similarly, if your employer does not have workers’ compensation insurance as required by state law, you would also be able to begin a claim against them for your personal injuries.

In the event a third party outside of your workplace caused your injury, you would have grounds to file a third-party personal injury claim in addition to your workers’ compensation claim. Workers’ compensation benefits can cover your medical expenses and some of your lost income, and you could potentially win compensation for the remainder of your lost wages from your civil suit. You would also be able to request compensation for your pain and suffering.

Filing a Personal Injury Claim for a Restaurant Injury

If you have grounds to file a personal injury claim in addition to your workers’ compensation claim, or if you are a restaurant patron injured by the negligence or intentional misconduct of an employee of the restaurant where your injury occurred, it is vital to know the elements of a personal injury claim and how your case is likely to unfold. After experiencing any restaurant injury, your health and personal well-being should be your priority. Seek medical care promptly, even if you think the injury is minor. You could have medical complications that aren’t yet easily noticeable, and the sooner you seek treatment, the sooner you can identify and address such issues.

Once you understand the severity of your injury and the damages you’ve experienced, you should consult an Indio restaurant injuries attorney right away. Your legal team will assist you in determining the entire range of the injuries to include in the civil action you file and guide you through the process of compiling your lawsuit. First, you must identify the party responsible for your injury and prove their actions directly caused your claimed damages. The damages available in most personal injury claims include:

Medical expenses, including costs of treatment immediately following the incident in question and any long-term medical costs the victim is likely to incur for the ongoing treatment they require.
Lost income for the time spent in recovery from a restaurant injury. The victim can also seek compensation for the money they will not earn in the future when their injury prevents them from going back to work for an extended period.
Pain and suffering. The laws of California state that plaintiffs in personal injury cases can receive monetary compensation for losses, including pain and psychological trauma. Restaurant injuries such as burns, food poisoning, and brain injuries from slip and fall incidents can easily result in tremendous pain during recovery and long-term psychological effects. The defendant is liable for these losses, and your Indio restaurant accidents attorney will assist you in determining an appropriate monetary number for you to seek pain and suffering compensation.

Success with your personal injury claim will require identifying the party or parties responsible for your injury and then establishing a causal link between their negligence or intentional misconduct and your damages. If a plaintiff in any California personal injury case bears partial responsibility for causing their claimed damages, they will lose a percentage of their case award that reflects their level of fault for causing the damages in question. For example, a plaintiff found to be 25% at fault in a $200,000 injury case would lose 25% of the case award or $50,000, resulting in a net award of $150,000 instead.

What to Expect From Your Indio Restaurant Injuries Lawyer

The right legal team can make a major difference in the outcome of your restaurant injury case, whether you must file a workers’ compensation claim, a personal injury claim, or a combination of legal actions to secure an appropriate recovery for your losses. The attorneys at English, Lloyd & Armenta, take a client-focused approach to all the cases we accept in Indio. We understand the struggles many clients face when it comes to securing fair compensation for losses caused by the negligence of others, and we have years of experience navigating the often-complex process of filing a workers’ compensation claim in California.

Our team will review the details of your case carefully and help you determine the best options for legal recourse available to you. For injured restaurant employees, this is likely to begin with a workers’ compensation claim. We’ll help you complete and file your claim forms, manage correspondence with the insurance carrier on your behalf, and help ensure you receive an appropriate claim determination. Then, when you have grounds for further legal action, we can help you construct your third-party personal injury claim or a claim against your employer or co-worker, if necessary.

Indio Worker Protection Attorneys

When you are an injured restaurant patron who needs to file a personal injury claim in response to your restaurant injury, we will help you collect the evidence necessary for establishing liability for the injury.

For example, suppose a restaurant staff member was negligent, or the restaurant’s manager failed to address a known safety issue that caused your injury. In that case, this is sufficient grounds to establish liability for your damages. We will carefully assess the full range of losses to include in your claim and guide you through the proceedings you must endure to hold the defendant appropriately accountable.

The sooner you obtain legal representation, the easier it will be for you to obtain the compensation you must have to recover from your restaurant injury. The attorneys at English, Lloyd & Armenta, have extensive experience handling both workers’ compensation claims and personal injury claims. Regardless of your unique case, we will help you determine the best available legal strategies for securing fair recompense for the damages you suffered. If you are set to discuss the situation with an experienced and compassionate Indio restaurant injuries lawyer, contact English, Lloyd & Armenta today to set up a consultation.