“I will ensure the settlement you are getting is the best possible — and I’m not afraid to go to trial to get it.”
– Attorney Eric Overholt, Esq.

Filing a worker’s compensation claim after a restaurant injury

On Behalf of | Dec 31, 2020 | Workers' Compensation |

Even with hours of training and years of experience, restaurant workers, including dishwashers, cooks, and waitstaff, are sometimes subjected to on-the-job injuries. Some of the most common injuries may include:

  • Cuts, punctures, and lacerations caused by knives, broken glass, etc.
  • Lifting injuries
  • Repetitive motion injuries sprains/strains
  • Illness due to hazardous chemicals
  • Broken bones
  • Burns injuries caused from the stove and deep fryers

In many cases, restaurant workers will recover fully from their injuries within a matter of days, but in some cases, their injuries may be permanent and prevent them from ever returning to work. I can help make sure you recover the benefits you deserve after a workplace accident.

Filing a claim after a restaurant injury

Immediately after suffering a restaurant worker injury, you will need to report your injury to your employer. Your employer should then give you a WC claim form, referred to as Form DWC-1. You will then fill out and submit the form to your employer, who will pass your claim on to its insurance company. As your attorney, the first thing I will do is file an application with the local Workers’ Compensation appeals board and send you to a doctor within the insurer’s network for medical care.

As you continue to receive treatment, the insurance company will typically award you with total temporary disability benefits if you are unable to work. You will receive approximately two-thirds of the weekly wages you were receiving just before your injury, until you reach your yearly limit. However, as your medical condition changes, there may be disputes that arise. You will likely have to attend a deposition, scheduled by the workers’ compensation attorney, to answer questions about your condition.

Towards the end of your medical treatment, your primary doctor will conduct a final evaluation and report your level of permanent disability. You will then start receiving permanent disability based on your percentage of disability. These payments will be deducted from the final settlement between you and your insurer.

As you can see, the process can be long and complicated, and can be particularly difficult for people recovering from an injury. I will make sure to help you with every stage of the process and negotiate the best settlement possible for your benefit.

 

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