Legal Advocacy for Injured Restaurant Employees
Workers' Compensation Attorneys in Oakland and Concord
When patrons go into a restaurant for a meal, they understandably are focused on their food, and not on the people helping to prepare and serve it. What most people do not realize is that restaurant employees face multiple dangers on a regular basis. Just because the hazards are usually “behind the scenes” or in the kitchen does not mean that they are not there.
Dangers a restaurant employee might encounter on a daily basis include:
- Hot stoves and ovens
- Wet floors and steps
- Large, heavy boxes
- Sharp knives and cutting edges
- Raw or rotten food items
- Defective kitchen equipment
Consequences of common restaurant hazards can include:
- Severe burns
- Back injuries
- Lacerations
- Sickness or infection
- Traumatic brain injuries (TBI)
- Wrongful termination (inability to work)
With so many dangerous objects or tasks all around restaurant employees, it should come as no surprise to employers, managers, and restauranteurs that sometimes people get hurt on the job there. And yet injured waiters, chefs, line cooks, hostesses, bussers, and more are consistently challenged by their employers when they get hurt and ask for workers’ compensation. If you work at a restaurant, were injured while performing your job duties, and are now being denied workers’ comp benefits necessary for your recovery, you should let our Oakland workers’ compensation lawyers at Pacific Workers', The Lawyers for Injured Workers know right away during a free case review.
How We Build Your Case and Validate Your Claim
If an employer or their insurance provider is not accepting your workers’ compensation claim, they are probably not expecting you to do much about it. When you retain our services, you can come back to them with a fully developed case that supports your claim and shows why you deserve compensation and how much you should obtain. We do not only rely on our persuasive arguments to make our case, but we also know where to find the right evidence that is advantageous for your claim.
We will want to seek out the following materials as we investigate your case:
- Company safety training requirements
- Safety records and past accident history
- Eyewitness testimony from others
- Closed-circuit television footage if available
You Worked Hard, Now Rest Easy – Call Us at (888) 740-6434
At our law firm, we genuinely believe in the importance of allowing our clients the chance to focus on recuperation after they have been hurt and been rendered unable to continue to work. When you retain our services, you are not hiring just one Oakland workers’ compensation attorney, but instead, an entire team assigned and dedicated to your case. With case managers and team assistants on staff, we are ready to handle your case with as much efficiency as possible.
Want to know more? We’ve got all the answers. Contact us today.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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Thank you for being so kind and completely sympathetic to my case!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”
Jazzie D. Daly City, CA -
They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
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Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
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Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
