Waiter and Waitress Accident Claims*

We can help with your Waiter and Waitress Accident Claim*

If you or a family member have been involved in an accident*, as a waiter or waitress it is imperative that you talk to a solicitor if you wish to pursue a claim.

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We’re here to help. Call us today on +353 1 649 9900

Involved in an Accident as a Waiter/Waitress?

Being involved in an accident*, regardless of how serious the workplace accident* was, can be a traumatic experience – whether you have sustained any injuries or not. In cases where you are involved in an accident as a waiter or waitress, that was not your fault, there may be a legal remedy.


Common Waiter and Waitress Accident Claims*

An accident at work* can often happen in restaurants. There are risks involved while working in any industry, however the food industry can carry many serious risks. Waiters and waitresses are expected to carry extremely hot plates of food and often the floor of a kitchen can be very slippy due to dishes being washed and food spillages. Working as a waitress or waiter can be often be a very fast paced and stressful job and therefore many accidents can occur.

The most common waiter or waitress accident claims* are:


What do I do if I'm involved in an accident* as a waiter or waitress?

Following a waiting accident*, there are a number of steps you should follow:

  1. Seek medical attention

    Your health is your wealth and should be your first priority. Immediately after a waiter or waitress accident*, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident need medical attention. If you or anyone else involved has sustained a serious injury ensure that you contact an ambulance to attend the scene.

    For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.

  2. Report the accident

    It is critical to report the accident to your superior, i.e. a supervisor or manager on site. It doesn’t matter how small you think the accident may be. By law, accidents at work* are required to be reported if the person is injured and can’t perform their daily work tasks for more than three days. Make sure to fill out an Accident Report Form. This can be used in reference to any medical examination and will also prevent any similar accidents that could happen in the future.

  3. Identify any witnesses

    If possible, try to collect the contact details of anybody that witnessed the accident. This may be of use if you do decide to pursue a waiter or waitress accident claim*. It is also useful to find out if there is any CCTV in the area where the accident happened.

  4. Document the incident

    It is important that you collect all the relevant information in connection with your accident:

    • How the accident happened
    • Details of any witnesses
    • If there are any CCTV recordings of the accident
    • Take pictures of where the accident happened and what caused the accident
  5. Speak to a waiter and waitress accident claims solicitor*

    If you are considering moving forward with a waiting accident claim* for any personal injuries sustained it is advisable that you speak with a waiter or waitress accident claims solicitor* as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A waiter and waitress accident solicitor* can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.

    It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.

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How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist waiter or waitress accident* solicitor to help you with this.

  1. Prepare information for a solicitor

    When you decide you want to move forward with your waiter or waitress accident claim* it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • Is there CCTV that may have captured the accident?
    • Details of your injuries
    • Details of hospital or GP attended
    • Any pictures you may have taken of the scene of the accident and/or your injuries
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the waiter and waitress accident claim* process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    One of the most important document in your case is a medical report. Your solicitor will ask for your doctor’s or Hospital details so he can obtain a report on your injuries. This report will then be used to allow us progress your case.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your waiter or waitress accident claim* will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and your employer accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or your employer reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus of your recovery, as they focus on settling your case.

At Tracey’s we make law accessible to all – regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your waiting accident, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.

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Case Settlement

If you are to proceed with a waiter or waitress accident claim* you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a waiter or waitress accident claim*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the waiter or waitress accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases* is that the person has two years from the date of the accident or date of knowledge of the accident* to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

Employer’s Duty of Care

Employers have a duty to ensure safety standards are met in the workplace. These in theory should help to minimise the amount of waiter and waitress accidents*.

The duties of an employer include:

  • Managing activities in a way which prioritises health and safety.
  • Providing the correct training and protective equipment to employees.
  • Ensuring that the working environment is suitable for the work that is to be carried out.
  • Ensuring that any equipment needed is in a good working condition.

A breach of these duties by the employer can lead to accidents. If an employee has sustained an injury and it is found that it was caused by employer negligence then the employer is likely to be found liable.

Common Waiter and Waitress Accident Injuries

Being involved in a waiting accident*, as an employee can be a traumatic experience, especially if you have suffered any personal injuries*. The most common injury claims* that can occur after a waiting accident* are:

Learn more about Injury Claims

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

+353 1 649 9900

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