The Cheesecake Factory, Inc. is a large restaurant chain specializing in selling cheesecakes. It is not the sort of place a worker is likely to have an accident, but it does happen. Despite being a popular restaurant, managers do not always employ sufficient staff to run the day to day operation of the restaurant. The commonest accidents are slipping and falling on food and drink knocked on the floor by patrons and being scalded by falling drinks. Fortunately, Cheesecake Factory, like most other employers, will have workers’ compensation coverage for their employees, so no worker should be out of pocket if s/he has a workplace accident and has to take time off work to recover. Sometimes, employees are denied worker’s compensation for one reason or another. If this has happened to you, it is important to seek help from an experienced WC attorney who will know how to win the compensation you are entitled to receive. Why Would I be Denied WC at Cheesecake Factory? There are a number of reasons why WC claims are denied, such as: you did not report the accident on time; you failed to put in a wc claim before the deadline date; the Cheesecake Factory’s insurer did not get adequate proof showing the accident happened at work. Worker’s compensation entitlements are dependent on informing the workplace within 24 hours of the accident taking place. The claim itself is limited by a statute of limitations which depends on the state but is typically 12 months. Typically most workers understand the time limitations so put in their claims on time. The worst thing that can happen is if Cheesecake factory’s insurer is convinced your accident did not take place at work and denies your claim. If you have photographic evidence of the accident site and injury this should not be a problem. All you can do is appeal the denial with the help of an attorney. An appeal is lodged within 30 days of receipt of the denial. Process to Follow if Denied a Claim at Cheesecake Factory When denied a WC claim in most states, you can appeal the decision. The way this is done is dependent on the state. For example in Ohio you have to lodge the appeal no more than 14 days following your denial notice. The key thing to do first is to read through the denial notice sent to you by the Cheesecake Factory’s insurer. Typically, this will tell you what your rights are regarding an appeal. Once your WC appeal has been filed you may be able to solve the matter through mediation when an independent mediator steps in between you and the insurer. Your WC attorney will help you through mediation. If an agreement cannot be reached then the next step is a formal hearing. This is when you will provide all your evidence, which could include photos and witness accounts of the accident. Medical records and reports will be scrutinized at this stage. If you lose your case you may be able to take it directly to a workers’ comp. appeals board, or a selected panel of workers’ compensation judges who may or may not be on your side. If you fail to win the administrative appeal, the last step in the majority of states is to file an appeal through the state’s court system Contact a Workers’ Compensation Lawyer Your attorney should always be at your side as you move from one appeal situation to another. If you try to take on an appeal yourself the chances of winning are limited, but with the help of an experienced WC attorney the appeal has more chance of being a success. Additional Resources What Do I Do If I Got Hurt Working for Cheesecake Factory? Injuries in the Sit-Down Restaurant Industry Result in Workers’ Compensation Claims 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 Cheesecake Factory, or another party, you may not be entitled to any compensation.
