The restaurant industry is crazy right now, and this is an especially troubling time for restaurant workers. Unfortunately, with the recent market upheavals, restaurants may cut corners or perhaps, just not take their normal safety precautions. And, for those in the industry that have been injured, while they may mostly rely on tips, they have access to the workers’ compensation system when they are injured on the job.
Report the injury
The first step to getting workers’ compensation is reporting that an injury occurred on the job. This should first be done to your direct supervisor. If able, note any witnesses or cameras in the area, take photos of the accident site and collect any relevant evidence of the accident. Of course, if one’s job is confidential or photography is prohibited for security purposes, do not take photographs.
After the injury report
Your supervisor or someone from the employer should provide a DWC-1 (California workers’ compensation claim form) after injury is reported. If the supervisor does not give one, employees have the right to demand the form. Completing this form begins the claim process. Ask for a copy of the completed claim form after the employer fills out their portion.
The claim form
The claim form can be confusion, but one must ensure that all injuries are included to all body parts. Just because something fell on an arm does not mean that the arm is the only body part that was affected or that one thinks will be affected. List all the affected body parts. Of course, a claim can be amended later, but it is best practice to list everything upfront. Then, contact a doctor and get checked out.
If one is not comfortable, it is okay to contact an attorney. We are here to help. Our job is to make sure that injured workers are protected. We can help with claim forms, employer contacts and even doctor arraignments. Our firm is experienced in workers’ compensation law in San Diego and throughout California.