Workers at restaurants are often entitled to Workers’ Comp claims for their injuries, even in situations they might not think are applicable. Make sure to always work with a lawyer on your case to help you get the benefits you deserve and see that you do not overlook your opportunity to file.
Workers’ Comp pays for medical care for any work-related injury, including ones you cause yourself. You can also file a claim for wage-loss benefits if your injury takes you out of work for over 7 days. Filing your claim begins with notice to your employer of your injury. Then, if they deny your claim, we can file an official claim with the government.
For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
Can Restaurant Workers File for Workers’ Comp in Pennsylvania?
Many restaurant workers are under the impression that they cannot get Workers’ Comp for injuries that are not serious enough. This is not the standard, and most restaurant workers are eligible for benefits.
Qualifying Workers
All “employees” qualify for Workers’ Comp from the first day of employment. The only exception that might come up in the restaurant industry is for independent contractors.
That classification is rare and might apply to contractors, repair workers, or other people who do one-off jobs, but all workers who receive an hourly wage (servers, hosts, cooks) are typically “employees.” This is true even for
- Full wage and tipped workers
- Seasonal, part-time, and full-time workers
- On-the-books workers and workers paid under the table.
Medical Benefits
Medical benefits should be paid for any injury you sustain because of work conditions or in the course of performing your job. That means that if you need to go to the hospital for stitches or a minor to moderate burn, care should be covered through Workers’ Comp.
It also means that serious injuries that need ongoing care – such as back injuries or serious facial burns – should also be covered.
Wage-Loss Benefits
Workers’ Comp only pays for lost wages if you are out of work for over 7 days. Many restaurant workers think they cannot get medical care covered if their injury does not last that long, but this standard does not apply to medical care; it’s only for lost wages.
If you are out of work for over 14 days, you will also get the first 7 days of lost wages covered.
How to File Your Workers’ Comp Claim
A claim starts with medical care, then you provide notice of your injury to your employer. Your employer then notifies their insurance carrier of the injury, and they work to determine whether or not they will cover you.
Filing with Third-Party Administrators
Some chain restaurants might use a third-party administrator (TPA) that handles the claim instead of having an insurance carrier. That might mean filing your notice and handling your claim directly with the TPA instead.
Time Limits
You have 21 days from the date of the injury to file notice. Your employer must then accept or reject the claim within 21 days.
How to File a Claim Petition
Once your employer denies your initial claim, you can take the case to the state by filing a Claim Petition with the Workers’ Comp Office of Adjudication. They will then assign the case to a Workers’ Comp Judge (WCJ).
What Do I Need?
Your Petition needs to include all relevant info about your injury and condition:
- When and where did it happen?
- How did it happen?
- What was your job title?
- What were your wages at the time of injury?
- What are your wages now?
- What injuries and disabilities did it cause?
- And more.
Get a lawyer to help you with this filing.
Deadline
Claim Petitions need to be filed within 3 years of your initial injury, but you have to wait until your initial claim is denied first. If your employer does not get back to you within 21 days of your initial claim, then you can treat that as a denial and file your Claim Petition.
Next Steps
After filing, your case will move to evidence collection and eventually a hearing. Our Philadelphia Workers’ Comp lawyers can help with all stages of this case.
FAQs for Restaurant Workers Filing for Workers’ Comp in Pennsylvania
Are Delivery Drivers Covered Under Workers’ Comp?
Workers’ Comp covers all employees. If you work directly for the restaurant, they control the time and manner of your work, and they tell you what order to make deliveries in, you are likely an “employee.”
If you work for a third-party delivery app (DoorDash, Uber Eats, Grubhub), the restaurant might not be your employer at all. Whether you can file for Workers’ Comp would depend on whether these apps have you classified as an independent contractor or not, and whether their classification is correct.
Is My Injury Serious Enough for Workers’ Comp?
Many restaurant injuries involve minor burns, cuts, and bumps or bruises that do not take you out of work for the 7 days needed to qualify for wage-loss benefits. However, medical care should still be covered; report your injury to your employer and get the medical care you need through their covered doctors.
You should not have to pay out of pocket for injuries sustained in the course of your work. If your injury is very serious – such as a back injury, head injury, large laceration, or serious burns – you could be entitled to full medical and wage-loss benefits through your claim and should definitely consider filing a claim.
How Long Do I Have to File?
Initial claims must be filed with your employer within 21 days of the injury, but you can still remain eligible if you file within 120 days.
Claim Petitions must be filed within 3 years of the injury.
Can I Sue for Injuries Working at a Restaurant?
If you were injured by a third party – such as a customer, supplier, or equipment manufacturer – then you might have a lawsuit against them. However, you cannot typically sue your direct employer for work-related injuries.
Injuries after hours or when you are leaving work might not be “work-related,” including something like slip and falls in the parking lot. That could potentially allow you to sue the restaurant.
Call Our Workers’ Comp Lawyers in Pennsylvania for Help with Your Case
For a free case review, call Cardamone Law’s Bucks County, PA Workers’ Comp lawyers at (267) 651-7945.
