Phoenix Restaurant Workers’ Compensation Lawyer

Phoenix Restaurant Workers’ Compensation Attorney

Because every job comes with inherent risks, employees deserve to receive benefits when they’re injured while working. This is especially true for restaurant workers. While working in a restaurant may seem like an easy job to some, it is an often thankless, stressful, and high-stakes career with many risks. If you work in a Phoenix restaurant and have been injured on the job, a Phoenix restaurant workers’ compensation lawyer can help you file for compensation today.

At Arizona Injury Law Group PLLC, our workers’ compensation lawyers are devoted to protecting the rights of Phoenix employees. We have the skills and resources needed to help you file a successful claim today.

What Kinds of Accidents Can Happen in a Phoenix Restaurant?

While customers don’t tend to look at restaurants in Phoenix, AZ, and think of all the potential dangers within them, many employees take the time to understand all of the potential risks around them to do their job as safely as possible. For example, restaurant workers deal with high-temperature ovens, knives, sharp objects, and slippery floors. Any of these elements can easily cause an injury, especially if the employee is in a rush.

Here are a few examples of common restaurant injuries:

• Slips and Falls: Whether there was a spill or a leak that no one was aware of, wet floors can be incredibly dangerous. While many restaurant workers are aware of potential wet floors and even wear non-slip shoes, you still never know when you may slip, trip, and fall. Unfortunately, many slip and falls result in serious injuries like broken bones, concussions, and spine injuries.
• Muscle Strains: Restaurant workers, especially kitchen staff, do an immense amount of heavy lifting every day. Because working in a kitchen requires you to be quick on your feet, strong, and observant, it can be easy to overexert yourself and strain a muscle. While many muscle strains are only mild injuries, continued overexertion can make the problem much worse.
• Burns: Cooking involves working with fire on a daily basis. Your average kitchen is loaded with stovetops, ovens, fryers, and heat lamps. Even if you are extremely careful, there is always the chance that a rogue flame could burst from its source and hurt you. Burns are classified as second and third-degree depending on how severe they are, but any burn suffered while on the job is considered a workplace injury.
• Cuts and Punctures: You cannot run a proper kitchen without an endless supply of cutlery. Knives of all shapes and sizes pepper every kitchen in the world. With an incorrect cutting technique or a knife of the wrong size, you could easily cut yourself or even lose a finger. Take the proper precautions and care when using a knife in the kitchen or at the bar. Additionally, you should always look out for others using or holding knives.
• Workplace Violence: Tensions run high in a restaurant setting. Angry customers, lazy employees, or drunk bar patrons all increase the odds of workplace violence. If an incident does occur, do what you can to help defuse the situation calmly. If things escalate, do not hesitate to call 911.

How to File for Workers’ Compensation as a Restaurant Employee

There are four steps you must take to file a workers’ compensation claim in Phoenix, AZ.

1. Notify Your Employer: When you’re injured at work, alerting your employer is a priority. If you do not notify your employer, you will not be able to properly document your accident, and your employer will not notify their insurance carrier.
2. Seek Medical Attention: It’s important that you seek medical attention as soon as you are injured. This way, you can receive the treatment you need while also documenting your injury.
3. Fill Out Paperwork: While your employer should give you a claim form to fill out, there are multiple other documents you may need to include. Consult our attorneys to ensure you fill out your paperwork properly.
4. File Your Claim: Once you have filled out all the correct forms, you can file your claim with the Industrial Commission of Arizona (ICA).

FAQs

Q: Does My Employer Have to Hold My Job While I’m on Workers’ Comp in Arizona?

A: Most Arizona workers are considered “at will” employees, meaning the employer can terminate the employee whenever they wish, with or without notice. While state law prohibits employers from firing employees strictly because they filed for workers’ compensation, an injured status does not protect your job, even if you are not at fault for the injury.

Q: How Much Does Workers’ Compensation Insurance Pay in Arizona?

A: In 2023, the average monthly payment per month for workers’ compensation in Arizona was approximately $5,393, which was an increase of 4.5% from 2022. This amount is paid to you on a monthly basis to cover any necessities you may need during your recovery, such as rent or mortgage, food, car payments, basic utilities, and other miscellaneous purchases. Any medical bills you have accrued are paid directly by your employer’s insurance carrier.

Q: What Is the Waiting Period for Workers’ Compensation in Arizona?

A: Arizona state law requires that the injured employee files a workers’ compensation claim within one year after their injury. Their time begins as soon as the insurance company knows about the injury, which is usually the day of. Upon receiving compensation, you should receive a payout every 14 to 30 days, depending on the severity of the injury. Once the employer learns of your injury, they have ten days to file an official report.

Q: Do I Have to Use FMLA While on Workers’ Comp in Arizona?

A: The Family Medical Leave Act (FMLA) is a federal law that provides up to 12 weeks of unpaid “sick” leave for workers who meet certain qualifications. In most situations, you do not need to use FMLA while on worker’s compensation because the workers’ compensation benefits package is a separate entity. You can use FMLA during your workers’ comp leave if you wish, but only if the work injury meets the criteria set by federal law.

Consult Our Workers’ Compensation Team Today

Dealing with a workers’ compensation claim can be tricky work. Having an experienced attorney by your side makes all the difference. Contact us as soon as possible to schedule a consultation. Arizona Injury Law Group PLLC knows how to help.