Everything we do in life carries a risk, and our jobs are no exception. Whether you’re balancing on girders miles in the air or shuffling papers behind a desk, there’s always a chance of getting hurt. People don’t often think of foodservice as a high-risk job, but that’s a myopic view. With all the running around and handling of dangerous items, food service injuries can happen to the most experienced career cooks and waiters. If those injuries are the fault of the management’s negligence, employees may have a case to bring to court.

People who have suffered accidents at work tend to sustain common injuries. Office workers, for example, are more likely to have muscular problems due to the sedentary nature of their work. Here are some injuries we often see in the foodservice industry.

Sprains and Strains

People who work in foodservice spend a lot of time on their feet. Waiters are seen moving around the entire restaurant, and the kitchen staff does a lot of back-and-forth at their stations, too. Quick movements and continuously changing your position can lead to injuries. The waiter rushing from table to table could twist their ankle, while the chef grabbing various pots and pans could pull their wrist. This can lead to a sprain or a strain.

Sprains

The bones in your body are connected by stretchy bits of flesh called ligaments. A sprain is caused when your joints move the wrong way, stretching or even tearing ligaments.

Strains

The muscles that connect your bones to your larger muscles are called tendons. If you twist or pull a part of your body too far, tendons can break. They are not elastic like ligaments, so they are easier to tear. When a tendon rips, that is called a strain.

Burns

It’s no secret that the kitchen staff is surrounded by heat. Stoves, cookers, and open flames are everywhere. If faulty appliances result in an injury, the restaurant can be held responsible for their negligence.

The wait staff isn’t immune to burns either. They are shuffling around hot plates and hot food all day. Imagine how often a waiter is managing one of those burning fajita pans. Waiters need to be careful, but their managers also need to keep them protected. If the owners and managers aren’t providing protective equipment for hot surfaces, they can be held liable for ensuing injuries.

Slip and Fall

Anyone who has ever worked in a restaurant can tell you about liquids. Workers need to constantly stay cautious of sauces, soda, water, melting ice, and condiments. Slipping on a liquid is almost a given in the foodservice industry. When management has been lax about keeping high-traffic areas clear and clean for their employees, it may be possible to take them to court if workers have been hurt.

Cuts

Like hot surfaces, sharp surfaces are an everyday reality for restaurant workers. Employees are always managing knives and forks, and broken glass is an almost daily peril. People who handle these objects are responsible for being smart and safe, but management is also responsible for taking care of their staff. If negligence led to a serious cut, call a lawyer today.

Assumption of Risk

One major defense tactic employers will use is the doctrine of “assumption of risk.” They will argue that certain hazards are inherent within a specific profession, and the employee assumed that risk when they took the job. It is a common strategy in court, and it is difficult to overcome. This is why you will need the skills of a good lawyer experienced in foodservice injury claims. They have faced this defense before, and they have strategies in place to help overcome it and fight for the compensation you deserve.

Comparative Negligence in California

Personal injury law in California operates within the confines of a “comparative negligence” system. Simply put, courts hear both sides of the case. Afterward, the judge decides how responsible each party was for the overall accident and assigns a percentage of blame.

For example, a cook claims that she kept complaining to the management about the placement of the cookware. It was just a bit too high and just a bit out of reach. One day, while standing on her tiptoes and reaching for a pot, she knocked an entire stack of pans onto herself and got hurt. The defense argues that knowing certain items were out of reach, the cook should have prepared in advance when her shift started. They claim that she should have gotten her necessary items down and in front of her while she had time rather than reaching haphazardly in a rush.

The court agrees with the defense only a little bit and rules that the cook was 10% responsible for her injuries. According to comparative negligence, the cook can receive a percentage of the overall damages based on her blame. Since she was 10% responsible, she can claim 90% of the total reward. California, along with just a handful of other states, uses “pure comparative negligence.” This system gives at least some compensation to the plaintiff, even if they were more responsible for their injuries. In fact, the court could agree that a plaintiff was 99% at-fault for their accident and still award them 1% of the total damages.

If you’ve been hurt on the job, Ufkes & Bright is here to help. You can call us at (714) 909-2609 or contact us online to set up a free, no-risk consultation.

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