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Work Injuries

Premier Personal Injury Attorneys
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Dedicated Chicago Waiter/Waitress Work Injuries Lawyers

Restaurant Work Injuries in Illinois

The U.S. Bureau of Labor Statistics reported that more than 67,000 food prep, waiters, and waitresses were hurt on the job badly enough to lose at least one day of work in 2008. At least 20 percent of those hurt on the job lost 31 or more days of work. In fact:

  • More than half of the waiters’ and waitresses’ injuries involved a cut, burn, sprain or strain;
  • Approximately 32 percent involved an injured hand or wrist; and
  • About 22 percent involved an injured back or shoulder.

The sprains, strains, and injuries to backs and shoulders were associated with the carrying and handling that waiters and waitresses commonly engage in. Certain types of injuries – such as back pain, tendonitis or carpal tunnel syndrome – are most often due to chronic overuse of the muscle, and develop over time. These types of injuries are known as repetitive motion injuries. Other injuries occur suddenly, perhaps from a slip and fall.

Workers in the food service industry must usually complete their work at a fast pace. When this is combined with hot food, heavy trays, and floors that may have spills or grease on them, it is easy to see why accidents are common. Restaurant owners have a responsibility to protect their employees from accidents and injuries, and when wait staff are injured on the job, they are entitled to workers’ compensation, and may also have a third-party personal injury claim.

Some of the most common factors involved in waiter and waitress injuries at work include the following:

  • Balancing and lifting heavy trays;
  • Slip and fall accidents, particularly on a greasy kitchen floor;
  • Uneven floor surfaces or broken steps on stairways, which cause falls;
  • Burn injuries resulting from carrying hot food or drinks;
  • Back strain from lifting and moving tables and chairs;
  • Excessive noise, leading to hearing loss; and
  • Exposure to harmful chemicals.

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  • Strategies for Dealing with Chicago Waiter/Waitress Injuries

    Waiters and waitresses in the Chicago area who have been injured on the job may be entitled to workers’ compensation benefits. This is true whether the injury was a result of the owner’s negligence, or the result of a mistake made on the part of the worker. In rarer cases, if it is found that the owner of the restaurant maintained the facility poorly, or subjected workers to significant hazards, a personal injury lawsuit – or even a class action suit – against the owner could be possible.

    Those who are entitled to receive workers’ compensation benefits following an on-the-job injury could receive payments for medical expenses, loss of income, and disability. Medical expenses can include emergency medical care and hospitalizations, and follow up care. The workers’ compensation insurance carrier will also cover referrals to a specialist, such as an orthopedic physician or physical therapist. In some cases, chiropractic treatments may also be allowed. In the case of a catastrophic injury, workers’ compensation will cover the costs of medical equipment and, possibly, counseling and pain management.

  • The waiter or waitress who is out of work, due to an on-the-job injury, will typically receive two-thirds of their average weekly wage. If the injured worker is able to return to work, but is making less money as a result of the injury, he or she may be able to receive temporary total disability benefits to make up for the pay shortage. In the case of a permanent injury, which would prohibit the worker from ever returning to any type of work, workers’ compensation may pay permanent total disability benefits or permanent partial disability payments. Because the calculation of what is owed a worker following a workplace injury can be disputed by the workers’ compensation insurance company, it can be extremely beneficial to speak to a knowledgeable workers’ compensation attorney.

  • Preventing Chicago Waiter and Waitress Work Injuries

    In order to minimize injuries sustained by wait staff, the following safety standards should be adhered to:

    • Keep floors and stairs clear of obstructions;
    • Clean greasy floors throughout the day to avoid slip and falls;
    • Ensure that rugs, mats, and carpeting are free of loose edges or other trip hazards;
    • Make it a policy to immediately clean up a spill;
    • Clearly mark swinging doors with in and out signs;
    • Have all workers wear slip-resistant shoes, and
    • Train workers to properly carry heavy trays.

    Young restaurant workers are particularly vulnerable to work-related injuries, as they are likely to be inexperienced and unfamiliar with many of the tasks required. Young workers may also be unaware of their rights as workers, and less able to recognize workplace hazards.

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Contact Our Chicago Workers’ Compensation Lawyers

At Malman Law, our Chicago workers’ compensation attorneys are dedicated to assisting waiters and waitresses who have been injured on the job. We are available 24/7 to help you with any questions or concerns that you may have, and are ready and willing to fight for you. Please call (888) 307-7068 or fill out our free online consultation form today.
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    They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.

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    I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!

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    I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.

    would do everything they could for me.

    - Tony S.

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    I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!

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    Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!

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    Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!

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    They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.

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    I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.

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    Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.

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    Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.

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    Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.

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    A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.

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    Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.

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    Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.

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    Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.

    - Adrianna Gomez

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    Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars

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    Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!

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    Malman Law goes above and beyond handling your legal injury case needs. From the first appointment through to the ending verdict my sister and brother in law were very happy with their case results. Highly recommended!

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    I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!

    - Jazlyn Caraballo

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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet

NOAH TAFFELPersonal Injury Victim