Waiter/Waitress Accident Claim *
Accidents at work * are a common occurrence and they can lead to various injuries being sustained by employees and in some cases by customers. Workplace accidents * can occur in any industry but they will vary depending on the work which is being carried out. Waiting staff are particularly at risk of sustaining an injury due to the fast-paced environment in which they work. Customers can also become exposed to that risk of injury if the staff have an accident in the dining area.
It is important that there are precautions in place to reduce the risk of accidents happening. Working in a busy kitchen and handling hot food is one of the main causes of these accidents *. It is important that all employees are made aware of any potential risks and hazards prior to beginning their work as this will help to reduce the chances of an accident or injury.
Who is liable?
In cases where an employee has been injured, it can be difficult to determine who was liable for the cause of the accident. It is important that you determine who caused your injuries to be sustained prior to making a claim as this may help to speed up the process. In most cases, it will be the employer or employee who is responsible for accidents in the workplace.
Restaurant owners have a duty of care to their staff to ensure their health and safety is guaranteed throughout the course of their work. It is an employer’s responsibility to put precautions and procedures in place in order to do this. They should carry out frequent risk assessments in order to identify and eliminate hazards. Under the Safety, Health and Welfare Act 2005, all employers have certain duties to make sure that employees are looked after and are working in a safe environment. The duties of an employer include;
- Managing activities in a way which prioritises health and safety
- Provide a safe working environment and reasonable working conditions
- Ensuring that equipment and machinery is in a good working condition
- Providing employees with the correct training and protective equipment
A breach of these duties can lead to injuries being sustained by wait staff while at work. If it is found that an accident was caused as a result of employer negligence * then it is likely that they will be found liable.
The Safety, Health and Welfare Act also has information regarding the duties which an employee has also. These duties help to ensure that they do not cause injury to either themselves or their co-workers.
- Report any problems which they notice during their work
- Ensure that they wear any protective equipment that is necessary for them
- Co-operate with their employers in relation to following health and safety regulations
- Attend any training that is made available to them
If it is found that an employee has acted in a negligent manner and breached their duty of care then they may be found liable for workplace accidents. If they have sustained injuries as a result of their negligence they may not be entitled to make a claim based on contributory negligence.
Scalds and burns *
This is one of the most common injuries sustained by wait staff due to working in a busy kitchen and carrying plates of hot food around the restaurant. Waiters are also given the job of preparing any hot drinks that may be needed so there is a high chance that they may sustain a burn or scald as a result of an accident. The most common causes of burns would be spillages and hot kitchen equipment such as ovens and fryers. It is important that employees are aware of the potential risks and are provided with the correct training and protective equipment in order to carry out their job in a safe manner.
Manual Handling Injuries *
Lifting and moving heavy objects is a common cause of workplace accidents due to lack of manual handling training. It is very important that all employees receive the correct training during the course of their employment. This can help to greatly reduce the risk of an accident. Common injuries include sprains, strains, injury to the back and neck and muscle damage. It is the employers’ responsibility to ensure that they provide their staff with any training that is necessary for them to complete their job in a safe manner.
Cuts and lacerations *
Working in a restaurant means that you will be exposed to sharp knives and other kitchen equipment. It is the law that any hazardous machinery must be fitted with the correct safety guards in order to prevent injuries from being sustained. Exposure to this hazardous equipment could lead to injuries such as cuts and lacerations if they are not used correctly. All employees should be trained on how to use this equipment as this can help to reduce the risk of an accident occurring. If an employer has failed to put safety precautions in place then they may be found liable for injuries sustained in the workplace.
Broken bones and fractures *
Breaks and fractures are commonly caused by slips, trips and falls. It is important that there are warning signs in place to make people aware of a wet floor or slippery surface. There should be procedures in place which outline the steps which must be taken if there are spillages.
Repetitive Strain Injury (RSI) *
RSI is the name given to the disorder which causes discomfort in the tendons of the upper body. It generally affects the hands, wrists, fingers and elbows. It is caused by carrying out repetitive tasks no an ongoing basis. This is a common injury sustained by wait staff due to repeating the same activities on an ongoing basis, such as rolling cutlery in napkins.
- Wet floors
- Lack of training
- Inadequate protective equipment
- Faulty or defective equipment
- Failing to have safety guards on machinery
TELL US ABOUT YOUR CASE
For a confidential discussion about your wait staff accident claim * feel free to contact our injury and accident solicitors * on 01 649 9900 or email firstname.lastname@example.org to tell us about your case.
With over 30 years’ experience, Tracey Solicitors ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.