After an injury at work, you may be wondering how attorneys facilitate resolutions for workers’ compensation disputes in the hospitality industry. Workers’ comp lawyers can help with filing all the necessary forms, with investigating the accident, and with representing you during negotiations and hearings.
Finding a workers’ compensation attorney who knows the key factors associated with representing injured workers in the hospitality industry can take some of the pressure off your shoulders. It’s important for your workers’ compensation law firm to understand the specific types of accidents that workers can suffer in restaurants, bars, hotels, and other hospitality locations.
Understanding Why Workers’ Comp Cases Related to the Hospitality Industry May End Up in Disputes
Although some workers’ compensation cases are straightforward, where neither side is disputing the facts, others are more difficult to settle. You have the right to hire a workers’ compensation lawyer to represent you at any point during the proceedings. Legal representatives can help you work through disputes, seeking facts that show you are telling the truth.
Failure to Follow the Rules
In the hospitality industry, there are a lot of part-time employees and younger employees who may not be completely familiar with how workers’ compensation operates.
You have to fill out forms and report the injury to your employer soon after the accident. You also need to seek care from a doctor soon after your injury. Failure to follow these rules could result in a dispute in trying to receive a claim.
Disputed Facts Involving the Accident
In a hotel or restaurant setting, you might be working by yourself when the injury occurs. Absent any video cameras or witnesses, the employer may dispute your claim by saying that the injury did not happen as you described it. The employer may claim that you suffered the injury somewhere else and tried to pass it off as a work-related injury.
You Were Not Doing Work-Related Activities When You Suffered the Injury
Some jobs in the hospitality industry may involve an employee taking on a lot of different tasks, which can be confusing for employees. Maybe you were doing a task that was not an official part of your job description at the time of the accident, and the employer decided to try to fight your workers’ comp claim on this type of technicality.
If working at a bar or restaurant, you may have access to alcohol. If the employer believes you were drinking while working before the accident occurred, the employer may try to fight your claim, leading to a dispute.
Or if the employer believes you and another employee were fighting or behaving recklessly while doing your jobs at a theme park, you may find yourself in a dispute over a denial of your claim.
Common Workers’ Compensation Injuries That Occur in the Hospitality Industry
Whether you are working in the tourism industry, the lodging industry, or the food and beverage industry, your job may place you in danger of suffering an injury while on the job that could lead to a workers’ compensation claim. Some of the most common injuries include:
- Slip and fall
- Fall from height
- Long-term repetitive motion
- Exposure to dangerous chemicals
- Burns and scalding
According to the Bureau of Labor Statistics (BLS), the amusement and theme park industries have some of the highest incident rates for injured employees. Hotel employees also have higher injury rates than most industries. Food service employees suffer injuries at close to the average rate.
How to Know If Your Injuries Make You Eligible for Workers’ Compensation
Nearly all California businesses must purchase workers’ compensation insurance for their employees. If you suffer an injury while on the job that requires medical care or that causes you to miss a significant amount of work, you are potentially able to receive a payment from the insurer.
Many employees in the hospitality industry are part-time, but this should not affect your ability to seek compensation. Even if you just started the job, you likely are eligible for workers’ compensation in California. You also can be eligible if you suffer a repetitive stress injury that worsens over time, or if you now are suffering an illness from a past exposure to chemicals.
Sometimes, though, the insurance company or the employer may dispute your eligibility, even though you are certain you are eligible. A workers’ comp lawyer can represent you and attempt to resolve the dispute in a manner that’s favorable to you.
Reach Out to KJT Law Group Today for Help Facilitating Resolutions for Workers’ Compensation Disputes in the Hospitality Industry
As trusted workers’ compensation attorneys, the team at KJT Law Group is ready to help you facilitate a resolution to your workers’ compensation dispute. We understand the hospitality industry and the particular dangers that workers in this industry frequently face. We also know that disputes about how these accidents happen are common, and we are ready to go to work for you.