Working in an eclectic restaurant like a Cheesecake Factory sounds safe enough, but from time to time employees do have accidents and become injured. Injuries range from cuts and bruises, to burns, broken bones and head injuries, if a worker slips and falls over.
If it wasn’t for workers’ compensation insurance, having a workplace related injury would be a miserable experience and hard on the individual or family finances. Fortunately, large employers like the Cheesecake Factory are expected by state regulations to take out workers’ comp. insurance with a private insurance provider. A claim can help pay expensive medical bills and replace most, if not all, earnings that are lost because of an inability to go to work while recovering or receiving treatment.
Injuries That Can Happen in a Cheesecake Factory
Cheesecake Factories are not factories as such, but full restaurants offering a variety of food, even though cheesecakes are the most iconic items on the menu. Employees help to make the cheesecakes and other food, serve customers, take money, clean kitchens and restaurants and carry supplies of food to the kitchen from a supply truck.
In the kitchen, cuts are common injuries when sharp instruments are used in the preparation of food. Occasionally, an employee might accidentally cut off a finger or thumb in a machine.
Cooking equipment like gas rings and stoves can cause burn and scald injuries. All employers face the possibility of slip trip and fall accidents anywhere in the restaurant. These can cause broken bones, spinal and head injuries.
Filing a Workers Compensation Claim
You will not obtain workers’ compensation automatically. You need to inform your restaurant manager about your injury, how it happened and what the injury was. This is especially important if you decide to file a claim for compensation later. There is a time limit in which you need to let your employer know about the injury.
See a doctor about your injury if it is not very serious and get a report from the doctor about the injury. Make sure you get whatever treatment you need and document everything you have to do related to your injury, including collecting bills and invoices.
Each state has slightly different rules about workers’ compensation. Familiarize yourself about them and make sure you file your claim well within the statute of limitations, typically 2 or 3 years from the fate of the injury.
How the Value of a Workers’ Compensation Claim is Decided
Workers’ comp. is a no-fault type of insurance, so easier to obtain than making a personal injury claim. However, there are really only two main payments. One of them is for all your medical costs, including medication.
The other is based on what you might have earned if you had stayed at work. Typically, this is two thirds, or 66%, of your usual earnings.
For example, say you slip over and dislocate a shoulder, it might take three weeks before your doctor advises a return to work. If your normal pay is calculated hourly and you would have earned $9 an hour for 30 hours a week, then you would claim for 3 weeks at this rate multiplied by two thirds. That comes to 30 x 9 x 3 x 2/3 = $540.
Why You Might Use a Workers’ Compensation Attorney
You will find a workers’ compensation attorney very useful if you have had a serious workplace injury. Insurers are never keen on handing out compensation payments and may need some knowledgeable persuasion from an attorney.
Complete the Free Case Evaluation on this page today to get in touch with an attorney that takes cases in your area!
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the Cheesecake Factory, or another party, you may not be entitled to any compensation.