What Waiters Need to Know If They Get Hurt at Work


Working as a waiter or waitress isn’t easy as it exposes you to different workplace hazards like burn injuries.

The good news is that California law requires all businesses to purchase workers’ compensation insurance to cover employees’ work-related injury costs. And you may claim these benefits if you sustain workplace injuries while working as a waitstaff.

Now, you may wonder how to claim workers’ compensation and what benefits can you receive.

This article explains the vital points waiters should know about workers’ comp.

When Can Waiters Claim Workers’ Compensation

Employees can generally claim workers’ comp benefits if they sustain injuries while:

  • Inside the workplace
  • Performing work-related activities

You can thus claim benefits if you sustain injuries while performing your waitstaff duties in your food establishment workplace. You can also claim compensation as a restaurant delivery staff hurt while delivering customer orders.

However, you cannot claim benefits if you were not performing work-related activities during the accident. For example, you visited your workplace during your day off and accidentally slipped and fell on the wet floor.

Benefits You May Receive from a Workers’ Comp Claim

You may claim workers’ comp benefits to cover the financial loss you incur because of your workplace injuries through workers’ comp, including:

1. Medical Coverage


Workers’ comp will cover all your medical expenses:

  • Medical consultation and evaluation
  • Laboratory tests
  • Treatments, medications, and surgeries
  • Reimbursement for transportation costs to attend medical appointments

2. Temporary Disability Benefits

Temporary disability benefits cover lost wages as your injury prevents you from returning to work.

The benefits generally cover two-thirds of an employee’s weekly rate but may also cover tips you earn as a waiter. You only have to have declared your tip earnings to your employer before getting injured.

3. Permanent Disability Benefits

This compensation will support you for a lifetime if your injury has caused a permanent disability that prevents you from working full-time. It’s equal to two-thirds of your wage upon sustaining workplace injuries.

4. Vocational Retraining Benefits

You may also get financial support if you can work, but it’s a different job. For example, you can’t work as a waiter anymore because of a leg injury, but you can get an office job.

Your employer will cover enrolment fees, modules, and training materials to help you transfer to a new job position.

How to Claim Workers’ Compensation

Now, here are the essential points to remember when claiming workers’ comp after sustaining workplace injuries:

  1. Secure evidence proving you were injured in the workplace or while doing work-related activities. For example, take pictures of your wounds while showing you were in your company’s kitchen.
  2. Inform your employer about your injury and make an accident report. This document will prove that your boss already knows about the accident, which is vital when filing a claim.
  3. Seek immediate medical care within 48 hours after the accident. It helps you receive necessary treatment, avoid complications help get medical evidence supporting your claim.
  4. Hire a workers’ compensation attorney in Glendale to help you start the claim process. They will help prepare sufficient evidence, calculate the compensation you deserve, and represent you in settlements to win your case.

Glendale Workers’ Compensation Lawyer to Claim Benefits for Waitstaff Injuries

Workplace injuries may prevent you from returning to work as a waiter because you need significant physical effort to serve the customers.

So, claiming workers’ comp benefits help solve your financial worries while recovering. And hiring a workers’ compensation attorney in Glendale enables you to file a claim to get fruitful outcomes.

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