Cooks and other workers who work in the fast food industry are aware that there are a number of health problems that can come up due to their work and the environment they work in. Most fast food cooks and servers are, however, able to file a workers’ compensation claim if they have a serious accident or become ill at work. Workers’ compensation insurance is usually state-mandated for employers. A successful claim should compensate for the hospital bills and other medical costs. Additionally, if you have to remain at home or in a hospital, a proportion of your wage will be reimbursed. Lost Wages as Part of a Fast Food Cook’s WC Claim If you are injured in a fast food restaurant, you may be entitled to claim compensation as long as your employer is insured for workers’ compensation. Most fast food chains employ thousands of workers in many different states and should consequently be covered for workers’ comp. Additionally, most fast food cooks are paid an hourly rate, which, according to figures provided by the Bureau of Labor, averaged nearly ten dollars in May 2016. That means that a full-time fast food cook could earn just over $20,500 in a year. Because the actual earnings vary from person to person, restaurant chain to restaurant chain, as well as location to location, if you cannot get to work because of your injury or illness, the earnings loss will be specific to your own situation. This will be taken into account when a claim is filed. Successful claims should pay around two thirds of what you might expect to earn while you are not working. Injuries and Potential Disability as a Fast Food Cook As a fast food cook or general fast food worker, you are likely to suffer certain specific injuries that are unique to your job. Some of these may mean you are unable to return to work quickly or even have a job ever again if the worst case scenario happens. You may be entitled to disability benefits as part of your WC claim. The most common injuries while working as a fast food chef or cook are: Back strain from lifting, carrying and reaching for heavy dishes and other objects over tables; Burns and scalds when hot foodstuffs and liquids accidentally spill onto your skin when in the kitchen; Burns and scalds from kitchen equipment such as hotplates, stove, grill, dishwasher or deep fryer; Occasional injuries from violent customers; Exposure to dangerous or noxious chemicals; A temporary injury may mean that a worker in a fast food restaurant does not return to work for a short period of a few days or weeks. The worker may receive a temporary total disability benefit in this case. If the cook can go back to work but is relieved from normal kitchen duties and given a lighter job to do, he or she may receive a temporary partial disability benefit. If the cook is injured or develops a work related illness and is so seriously injured that he/she cannot return to work, a permanent total disability benefit may apply. A permanent partial disability benefit would be appropriate if the worker finds that they have permanently lost the use of a finger (perhaps it got chopped off in a kitchen food blender) but still returns to work in some capacity. Appropriate Evidence Makes All the Difference in a WC Claim Theoretically, workers’ compensation claims are no-fault claims. In return for not being able to be sued, the employer’s insurance carrier must be prepared to release funds even if the worker was partly at fault. This doesn’t stop both employers and their insurance companies from making it difficult to prove that the compensation should be paid. The best way to speed up a claim is to provide convincing evidence that shows: that your injury or illness was workplace related. Statements from any fast food workers or the restaurant manager that back up your account of what happened in the restaurant are invaluable. that you have a specific injury or health problem, as indicated by medical reports; that you have paid out for medical treatment and that, if this is the case, you have estimated potential future medical costs. How an Attorney Can Help You Make a Successful Claim If you’re experiencing problems with your workers’ compensation claim, it may be simpler handing over negotiations with an employer’s insurance company to a skillful and experienced workers’ compensation attorney.
