Food Service Workers’ Compensation Claims in California

Maison Law advocates on behalf of injured food service workers in California. If you work at a restaurant and get injured on the job, knowing how to maximize your workers’ compensation benefits will save you from a world of financial and physical stress. For the best possible outcome for your workers’ compensation claim, contact Maison Law today for a free consultation and case evaluation.

How Can a Lawyer Help with My Food Service Workers’ Compensation Claim?

Workers’ compensation is for injured employees to shield them from paying medical bills out of their own pocket and to provide them with financial stability while they’re unable to work. Depending on the severity of the injury, employees may need extensive treatment, or may never fully heal from their injuries. In these situations, workers’ compensation claims can become complicated.

If the workers’ compensation insurance company does not agree with your additional treatment or need for more compensation due to your injury, they can begin to deny aspects of your claim. For this reason, it is recommended to speak with a workers’ compensation attorney about your situation. An attorney can hold workers’ compensation accountable for providing you the full extent of coverage for your damages. If workers’ compensation fails to provide sufficient coverage, then an attorney can file a lawsuit against them. Reasons for filing a workers’ compensation lawsuit include:

• Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
• Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
• Your benefits are delayed: if your payments are delayed or unreasonably late, workers’ compensation owes you a fee, depending on their reasoning for a late payment. An attorney can help you take the proper steps to ensure you get what you are owed in a timely manner.
• Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.

When Do Temporary Disability Benefit Payments for Workers’ Compensation Claims Begin?

Temporary disability (TD) benefit payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. Temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer. By law, payments must be made every two weeks. If a payment is missed, the insurance company must pay penalties to you. The late payment penalty is generally between 10% and 25%, depending on the benefit and the reason for the delay.

California Labor Code 4650 covers 10% penalties for overdue payments and California Labor Code 5814 specifies penalties of up to 25% for temporary disability payments that are unreasonably late. These laws provide penalties if the following temporary disability benefits are delayed:

• Medical treatment
• Settlement funds
• Mileage reimbursement
• Any other payment the insurance company is required to make

If an insurance company is late with a temporary or permanent disability payment and is in violation of California labor code 4650, then they must pay the 10% penalty. For a California labor code 5814 violation, you would have to show how the payment was unreasonably late. An experienced workers’ compensation attorney can help you show unreasonably late payments and ensure you are fully compensated for your work-related injury.

How to File a Food Service Workers’ Compensation Claim in California

While telling your boss or manager about your work-related injury the moment it happens is a great first step, it does not make you eligible for benefits through the workers’ compensation program. You must complete the following steps to receive and submit a workers’ compensation form:

1. Tell your manager, supervisor, or someone in the administration department at your job about your work-related injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
2. Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
3. Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
4. Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on your claim.

These steps will start your workers’ compensation claim and help you get the medical treatment you need. If you have any questions or need legal assistance, do not hesitate to reach out to one of our workers’ compensation attorneys at Maison Law today.

What if I am Terminated Before Filing a Food Service Workers’ Compensation Claim?

In the unfortunate event that you are let go from your food service job, but realize you have suffered a work-related injury, you can still file a workers’ compensation claim. In order to do this, you will have to show:

1. The employer was aware of your injury prior to the termination
2. There are medical records prior to the layoff that show evidence of an injury
3. The injury took place after you were notified you would be let go but before your last day of work
4. The injury occurred over time, and you did not suffer any effect until after you were notified you would be terminated

Contact a Food Service Workers’ Compensation Claim Lawyer

Navigating the workers’ compensation process can be complex and confusing, so if you’ve suffered an on-the-job food service injury, do not hesitate to speak to one of our workers’ compensation attorneys at Maison Law. Our skilled attorneys have years of experience in managing workers’ compensation cases and helping injured workers get the compensation they need. Schedule your free consultation and case evaluation today by contacting Maison Law. There are no upfront charges for our services and you will not be charged a cent unless we win your case.