As with any industry, the potential for being injured or falling ill is there. Workers in the food service industry – such as waiters, chefs, dishwashers, and maintenance personnel – are quite susceptible to both illness or injury. A number of things, including risky working conditions, carelessness, and human nature contribute to this.
In fact, the U.S. Bureau of Labor Statistics (BLS) reports that almost 94,000 nonfatal injuries and illnesses are reported annually by employees of full-service restaurants alone. Additionally, a research study from Emory University that looked at BLS data discovered that workers in the food industry have a 60% greater rate of occupational illness or injury than those in other industries.
Workers in the private sector and in special food services are among those most at risk of workplace accidents. If you work in a restaurant and are injured at work, you may find yourself in a particularly difficult scenario where you won't be able to work for days, weeks, or even longer as you recuperate from your illness or injury. Fortunately, aid is available. You may qualify for New York State Workers' Compensation.
We will lay out an overview of information you should know about the New York workers' comp program for the foodservice industry below. Consult with an experienced NY workers' comp lawyer, such as Brandon J. Broderick, who can give you specific advice about your workplace injury and what steps to take next. Consulting with and choosing the right lawyer can help your case greatly.
Common Injuries Suffered By Workers in The Foodservice Industry
Wide-ranging injuries in the workplace can occur as the result of working near hot stoves and ovens, sharp knives, breakable tableware, and other dangers. The following list are just a few of the most often reported illnesses and injuries at work:
- Scratches, cuts or abrasions: In a demanding and hurried setting, chopping, slicing, and dicing can result in inadvertent injuries to hands, fingers, and other body parts. Simple cuts and scrapes to severe lacerations or severed appendages can take place.
- Slip and falls, or trips: Workers may slip (or trip) and fall due to slick floors, tangled carpets, obstructions in the walkway, and other risks, which could result in strains, sprains, broken bones, and brain injuries.
- Burns: Burns suffered by restaurant employees can be serious and excruciatingly painful, whether they are caused by splashing grease or coming into contact with hot surfaces or pans. Burns may occasionally need prolonged care and healing time.
- Concussions and head traumas: Restaurant employees may suffer concussions or other head injuries while at work as a result of slips and falls, flying debris, and other dangers. Traumatic brain injuries (TBIs), which can affect movement, balance, cognition, behavior, and other things over time, can be the result of severe impacts to the head.
- Back problems: Restaurant staff members frequently move and carry heavy objects, which can cause excruciating back strains and sprains.
- Repetitive stress injuries: Over time, repetitive activities might cause damage to your body. Knee, hand, and wrist repetitive stress injuries are common among restaurant workers.
- Workplace illnesses: A number of work-related illnesses and problems, such as lung cancer, musculoskeletal disorders, blood and gastrointestinal diseases, are a risk for restaurant workers, according to studies.
Coverage for Workers' Compensation
Workers' compensation insurance in New York covers any illnesses, injuries, and even fatalities that occur while working or as a result of an accident in the workplace. A claim may be made for any work-related injuries to recover costs for medical treatment and lost wages. Furthermore, required medical care may be covered by workers' compensation if an existing injury is made worse on the job.
Due to New York's no-fault system, a worker will typically be given benefits even if it was their fault. In certain situations, a personal injury claim may be filed against a third party, if they had contributed to or were responsible for the injury or illness. Generally, the activities of a worker are not taken into account in a workers' compensation claim unless the worker was not using reasonable care, such as working while intoxicated or being involved in a physical fight.
Lost Wages Replacement in NY Workers' Comp Case
An injured food service worker will receive wage replacement benefits for lost wages, which will cover the pay they would have received had they not missed work to recover from their injury. A worker may miss a few days or even longer, depending on the severity of their illness or injury. In some situations, they may never be able to work again if their illness or injury is severe. There are instances where the employee is permitted to return to work, perhaps with a reduced schedule or pay. All of these elements will affect your eligibility for lost wage compensation and the duration of your benefit payments.
Your lost wages benefits in New York are based on a number of factors, such as the length of your disability and the average weekly wage you were paid the year before the injury or illness. You would next multiply the percentage of disability that is supported by medical records by two-thirds of your typical weekly income. Therefore, if you were permanently disabled due to a workplace injury and earning $500 per week before getting hurt, you would receive $333.33 each week. If you are deemed to be 50% disabled, your weekly compensation would be $166.67.
The various categories of disability are categorized by New York workers' compensation as follows: complete (100%) disability, marked (75%), moderate (50%), and mild (25%). Anything less than 100% is considered a partial disability.
Benefits are capped each week. You can anticipate rewards of at least $150 every week. The maximum amount of lost wages compensation each week is $1,125.46. However, this number is updated on July 1 of each year. The amount is predicted to increase in July 2023.
For Assistance With Your New York Workers' Compensation Claim, Contact Us
In workers' compensation disputes in New York, as well as the surrounding Tri-State, Brandon J. Broderick is committed to advocating for our clients. In order to put your injuries behind you and move on with your life, our team of NY workers' comp lawyers can help you get the compensation you need.
Don't wait to determine the steps to take if you suffered a workplace injury, contact us to schedule a free case evaluation.