The restaurant industry is one of the most physically demanding sectors in the United States. Workers face numerous daily hazards, from hot surfaces and sharp knives to heavy trays and slippery floors. While injuries in this environment are often attributed to accidents, there are situations where medical malpractice claims for restaurant workers become a serious concern.
This occurs particularly when a restaurant worker injured on the job receives substandard or negligent medical care.
In such cases, medical malpractice claims for restaurant workers may come into play, in addition to a standard workers compensation claim. This article explores how restaurant employees can understand the workers compensation system, when malpractice claims may apply, and what steps to take to recover compensation for injuries sustained at work.
The Demanding Nature of Restaurant Work
The restaurant workers have get compensation based on several factors. It’s not like visiting the office today and getting paid for showing up. Instead, restaurant employees often face severe injuries and these work injuries often turn catastrophic sometimes.
Here are some common hazards that restaurant workers face:
Common Hazards Restaurant Workers Face
From wet floors and uneven surfaces to hot surfaces, sharp knives, and the need to carry heavy trays, the daily grind of restaurant work is full of risks. Even simple tasks can become dangerous in a fast-paced kitchen or crowded dining area. Slipping on grease, cutting a hand while prepping food, or sustaining burns are all too common. So, if you’re wondering, “Can I sue if I slip at a restaurant?” the chances are yes, you can.
Other common injuries include:
- Burn injuries from stoves or hot pans
- Lacerations from broken glass
- Back and shoulder injuries from lifting
- Slip-and-fall accidents
- Repetitive strain injuries
These hazards make the restaurant industry one of the leading sectors for workplace injury claims. Moreover, the risks of slip and fall accidents in a restaurant increase tenfold if there is no warning sign available for potential risks.
Workers Compensation for Restaurant Workers
What Is Workers Compensation?
In Nevada and most U.S. states, employers are legally required to carry workers compensation insurance. This no fault system is designed to ensure that injured workers receive the medical care and income support they need after a work related injury — without the need to prove fault.
A workers comp claim typically covers:
- Medical treatment for the injury
- Lost wages, usually at two-thirds of the employee’s average weekly pay
- Physical therapy or rehabilitation
- Workers compensation benefits for temporary or permanent disability
Injured restaurant employees must notify their employer as soon as the injury occurred, file the appropriate paperwork, and seek medical care immediately.
Who Qualifies?
All employees of a restaurant — from servers and bartenders to line cooks and dishwashers — may qualify for benefits under the workers compensation system if their injury or illness arose in the course of their job duties.
Whether you slipped on a spill, got cut by a broken plate, or suffered burns from a fryer, you may be entitled to receive benefits to help with your medical bills and lost income.
When Medical Malpractice Enters the Picture
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the standard of care and causes harm to a patient. For restaurant workers, this could happen if the doctor overseeing their treatment makes a diagnostic error, fails to treat an injury properly, or prescribes incorrect medications.
How It Applies to Restaurant Workers
Here’s where medical malpractice claims for restaurant workers become relevant: If a restaurant worker injured on the job seeks care and that care worsens the injury or creates new complications, the worker may be able to file both a workers comp claim and a personal injury claim for malpractice.
For example:
- A worker suffers a hand laceration from broken glass. The treating physician stitches the wound improperly, causing nerve damage.
- A burn is not cleaned properly, leading to infection and extended recovery time.
- A back injury or a spinal cord injury (SCI) is misdiagnosed, resulting in unnecessary surgery.
In these scenarios, the injured person could pursue a medical malpractice claim in addition to collecting workers compensation benefits.
Pursuing Compensation Beyond Workers Comp
When a Personal Injury Claim May Be Appropriate
The workers compensation system bars employees from suing restaurants or coworkers in most cases. However, when another party’s negligence — such as a healthcare provider — causes additional harm, you may file a separate personal injury lawsuit.
A successful personal injury claim may allow you to recover:
- Pain and suffering
- Medical expenses not covered by workers comp
- Compensation for lost income
- Potential punitive damages in cases of gross negligence
An experienced attorney can assess whether the facts support both a workers compensation claim and a personal injury lawsuit.
Additional Legal Avenues: Premises Liability and Negligence
Premises Liability in Restaurant Settings
While most workplace injuries are handled through workers’ comp, certain conditions may give rise to a premises liability claim. For example, if a delivery driver or third-party contractor is injured due to the restaurant’s negligence — such as wet floors or uneven surfaces — they may bypass the workers’ comp claim and sue the establishment directly.
Proving Negligence
To win a case based on negligence, the injured party must show that the restaurant or other responsible party:
- Had a duty of care
- Breached that duty
- Caused the injury through their actions or inaction
- Resulted in damages (medical bills, pain, lost wages, etc.)
Restaurant owners and managers must ensure a safe work environment. When they fail, and employees suffer injuries, legal action may follow.
Legal Complexities and the Importance of Evidence
What to Document
If you are injured in a restaurant job, it’s crucial to gather evidence that supports your injury claim. This includes:
- Incident reports
- Medical records and medical bills
- Witness statements from restaurant staff or guests
- Pay stubs showing lost income
- Documentation of physical therapy, pain, or ongoing treatment
- Police reports, if applicable
Comparative Negligence Laws in Nevada
Nevada follows a comparative negligence system. This means that if you are found partially at fault for your injury, your compensation may be reduced proportionally. For example, if you were 20% at fault, your damages award would be reduced by 20%. An experienced personal injury lawyer can help you navigate these legal complexities.
What About Medical Bills and Insurance?
An insurance company involved in either a workers’ comp claim or a medical malpractice claim will often attempt to minimize payouts. They may dispute your medical expenses, question your diagnosis, or push for a low insurance settlement.
This is why injured employees benefit from legal support. A qualified personal injury attorney can negotiate with insurers, handle the claims process, and fight for fair compensation.
Real-Life Scenarios in the Restaurant Industry
Consider these examples:
- A cook slips on an unmarked wet floor and breaks a wrist. Surgery is delayed by a misdiagnosis. Both a workers’ comp claim and a medical malpractice suit may be viable.
- A server drops a heavy tray on their foot, resulting in nerve damage that worsens after incorrect treatment. The injured worker has multiple avenues to recover compensation.
- A dishwasher is burned and develops an infection due to negligent wound care. This leads to long-term complications and a complex injury claim.
Each of these cases shows how restaurant injuries often intersect with larger legal concerns beyond standard compensation.
The Role of Legal Counsel
Handling medical malpractice claims for restaurant workers requires a strong understanding of the law, careful documentation, and advocacy. A trusted personal injury lawyer or workers’ compensation attorney can help you assess your options, file on time, and deal with insurance companies effectively.
Nevada has a two-year statute of limitations for filing personal injury claims, including malpractice. Missing this window can mean forfeiting your right to seek damages.
Final Thoughts
If you’re a restaurant worker injured on the job and suspect your medical care was inadequate or negligent, you may be entitled to more than just workers compensation. You don’t have to face this complicated journey alone.
Win Medical Malpractice Claims for Restaurant Workers with BLG
At Bourassa Law Group, we understand the realities of restaurant work, the injuries it can cause, and the legal hurdles involved. Our medical malpractice lawyers offer a free consultation to review your case, explain your rights, and help you determine the best course of action.
Whether you need assistance with a workers compensation claim, a medical malpractice case, or both — we’re here to fight for the justice and compensation you deserve.
Contact us today to speak with an experienced attorney.
1-800-870-8910