How Much Compensation For Waiting Staff Injuries?
By Marlon Cooke. Last Updated 30th March 2023. In this guide, we discuss how to claim against an employer after an accident at work. Kitchen and serving injuries in restaurants, cafés and commercial canteens are prevalent occurrences.
Waiters and waitresses are at risk of many types of injuries with the most common being burns, slips, trips and falls. Chefs are prone to cuts and needlestick injuries. Whilst members of the public can suffer injuries caused by one of the serving staff.
In this guide, we will look at the process for claiming for a personal injury caused in a kitchen, or whilst waiting table, and for members of the public injured by serving staff.
Select a Section:
- Claiming For Burn Injuries In A Kitchen
- Claiming For Slip, Trip Or Fall Injuries In A Kitchen
- The Most Common Kitchen Accidents That Result In An Injury
- What To Do If You Have Been Hurt In A Kitchen Accident
- What Damages Could You Receive From An Accident At Work Claim?
- How Much Can I Claim For An Injury Sustained In A Kitchen?
- No Win No Fee Waiting Staff Injury Claims
- Call For Free Advice And To Start An Accident At Work Claim
It should come as no surprise that burn injuries are one of the two most common types of injuries that the kitchen and serving staff suffer from. The other being cuts and needlestick injuries.
A chef is the most likely type of kitchen staff to sustain a burn injury. Although waiters and waitresses can also burn themselves whilst carrying hot dishes, or if they inadvertently spill hot food on themselves.
If you have suffered a burn injury whilst serving customers in a restaurant, or whilst working as a chef preparing food in a kitchen, then you will very likely have a valid reason to bring a personal injury compensation claim against your employer.
Another prevalent form of accidents that can occur whilst working in a restaurant, as a waitress, waiter or a chef, is slip, trip or fall. Indeed, this is the single most common type of personal injury compensation claim against an employer we make on behalf of our clients across the board.
You can make a waiter injury claim against an employer for a slip, trip or fall accident at work, against your employer in certain circumstances. Your employer is required under UK health and safety legislation (including the Health and Safety at Work etc. Act 1974) to maintain a safe working environment for its staff (more on that below). If they fail to do so, you can claim against them.
For chefs who want to claim kitchen injury compensation, the same applies. If you slip or fall in the kitchen, and it was due to your employer not maintaining a safe working environment, you will have a valid reason to claim personal injury compensation against them.
If you have been injured whilst serving food in a restaurant, you could be eligible to make a waitress injury claim. For example, serving food requires lifting heavy plates and dishes repetitively, and this could result in waitress wrist pain due to some form of repetitive strain injury. This could be the basis of a work-related illness compensation claim. The number of different types of accidents that can occur in a kitchen is vast, but here are the most common:
- Cuts sustained whilst preparing food – chefs are notorious for keeping their knives frighteningly sharp. For this reason, even a slight slip can cause a deep, serious cut.
- Slipping on a wet or oily floor – spills are a daily occurrence in most kitchens. If liquid, especially cooking oil, is left on the floor, it can easily lead to a waiter accident.
- Scalding – either simply from boiling water or from actually preparing dishes. A scald is a serious injury, despite the fact it has few visible symptoms. This is also a common waitress accident whilst carrying piping hot dishes to the table.
- Burns – either from an oven or from a stovetop, burns happen in kitchens regularly. A burn can lead to serious scarring and loss of function in a hand or arm in extreme cases.
- Musculoskeletal injuries – such as pulling a muscle in the back whilst lifting a heavyweight improperly.
All of these types of accidents and more could leave the victim with a valid reason to make a claim against an employer for personal injury compensation.
If you have suffered an injury whilst working in a kitchen as a chef, cook, waiter or waitress, then you may wish to make a personal injury compensation claim. Should you do so, then there are a number of things you can do to make pursuing your claim more efficient, and these include:
- Document the events leading up to and during the accident – for example, if cooking oil was spilt on the floor, and the restaurant was so busy that nobody had time to clean it up, and this lead to a slip, trip or fall in the kitchen, be sure to note all of this down.
- You must ensure that the accident has been recorded in the accident book – every company is required by law to keep an accident book, to record incidents that have caused an injury. Make sure your injury is officially entered into the company accident book.
- You can make sure the treatment of your injury was recorded – this means you need to visit a hospital to get treatment, not simply take care of it yourself no matter how minor the injury was.
- List Expenses– not just out of pocket expenses such as paying for transport to the hospital, but also other expenses such as missing work and not being paid. This is especially important for people who are on what is termed a zero-hours contract. Make sure you note all of the missed days or hours of work due to the accident.
Once you are ready, you can use the contact details at the bottom of the page to contact us to begin your kitchen injury claim.
How Long Do I Have To Claim Against My Employer?
When you claim against your employer, you will need to take action within the limitation period. As stated by the Limitation Act 1980, this is typically three years from the date of your accident at work. Failing to take action within the time limit might result in your claim being statute-barred. Therefore, our advice would be to start your waiting staff accident claim sooner rather than later.
There are exceptions to the time limit. For example, a minor would have three years from their 18th birthday to claim for a restaurant injury, whilst the time limit is suspended indefinitely for someone who lacks the mental capacity to make a claim by themselves. If they ever regained the required mental capacity to claim alone, the time limit would begin from the date of their recovery.
A litigation friend can bring forward a claim on behalf of a minor or someone who lacks the mental capacity to start their own claim during the frozen time limit period. However, if you were to take action on behalf of someone else, you must act fairly and competently when making decisions about their case. You must also not have conflicting interests.
Contact our team today for more information on making an accident at work claim.
There are two forms of compensation that you could seek in an accident at work claim.
General damages is the amount of compensation you seek for your pain and suffering. This type of award can take several factors of your injury into account, including:
- The severity of your injury
- The type of accident you had suffered
- Your expected recovery time
- Any loss of amenity or enjoyment
Special damages is the amount of compensation you could seek for the financial impact of your injury. For example, you could request special damages for:
- Any loss of income you had suffered
- Your treatment or care costs
- Aids you need to help you cope with your injury
Our advisers could provide you with a free evaluation of your accident and injury to give you an estimate of the compensation you could seek in your restaurant injury claim. They can also talk to you about actions you could take to ensure that your claim is properly valued.
The actual amount of compensation you could receive as a waiter or waitress who has suffered an injury at work will always be driven by the details of your specific case. However, for the general damages portion of the claim, these figures below are a good indication of how much you might get.
|Toe Injury||Moderate to Full Amputation||Up to £42,600||From soft tissue injuries to amputation of one or more toes.|
|Foot Injury||Minor to Full amputation||Up to £153,200||From soft tissue injuries to amputation of both feet.|
|Achilles Injury||Minor to Severe||Up to £29,200|
|Ankle Injury||Minor to Very Severe||Up to £53,000|
|Knee Injury||Moderate to Severe||Up to £73,125|
|Leg Injury||Moderate to Full amputation||Up to £214,350||From soft tissue injuries to amputation of both legs.|
|Finger Injury||Minor to Full Amputation||Up to £27,925||From soft tissue injuries to amputation of one or more fingers. Could be more in some cases.|
|Thumb Injury||Minor to Full Amputation||Up to £41,675||From soft tissue injuries to amputation of one or both thumbs. Could be more in some cases.|
|Wrist Injury||Minor to Very Severe||Up to £45,500|
|Hand Injury||Minor to Full Amputation||Up to £64,275||From soft tissue injuries to amputation of one or both hands.|
|Elbow Injury||Minor to Severe||Up to £41,675|
|Arm Injury||Minor to Full Amputation||Up to £228,000||From soft tissue injuries to amputation of one or both arms.|
|Shoulder Injury||Minor to Severe||Up to £36,500|
|Neck Injury||Minor to Severe||Up to £112,750|
|Back Injury||Minor to Severe||Up to £122,350|
On top of this, you would also potentially be claiming some level of special damages, and these would be unique to your case. So please contact us, so we can learn a little more about you and your injury, and give you a better idea of how much you might claim.
Pursuing a claim for a personal injury at work is never simple, and never quick. For a waiter or waitress who is already earning little more than the minimum wage, taking on the legal expenses of pursuing such a case would be daunting, if not impossible.
We have a solution to this problem. We will take on your kitchen accident injury compensation case under a No Win No Fee agreement. What this means is that you don’t need to pay us anything to begin your claim, and you won’t have to pay us any ongoing legal costs across the life cycle of the claim.
The only time you will need to pay us anything is to win compensation on your behalf. If we fail to win any compensation for you, then you don’t pay us anything. So you really have no financial risk at all.
Call For Free Advice And To Start An Accident At Work Claim
Have you been working as a waitress or a waiter and recently suffered an injury due to an accident at work? If you are, and you have, then you may be able to make an accident at work claim.
By calling us on 0800 073 8804, using the webchat feature of this site, or emailing us directly, we can start to help your claim the compensation that is rightfully yours today. And best of all, we will do this under a No Win No Fee agreement, and you won’t pay us a penny unless we actually win your claim for you.
- No Win No Fee Guide
- Click to learn more about No Win No Fee agreements.
- How Much Compensation For a Burn Injury Claim?
- Have you been burned by a waitress or a waiter or member of the serving staff? Find out how much compensation you can claim today and get free legal advice.
- Restaurant Injury And Accident Compensation Claims
- If you have had any type of injury at a restaurant including slips, trips or burns in a restaurant, feel free to contact us today and find out if you have a claim.
- How Much Compensation Can I Claim Against An Employer For An Accident At Work?
- If you have had an accident at work, find out how to claim and find out how much you can claim a workplace accident.
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- Advice on suing a company for an injury. Learn about the personal injury claims process with our helpful guide.
- Get more information on hairdressing compensation claims and the process of claiming for injuries caused by a hairdresser with our guide.