When you think of workplace injuries, high-risk occupations like roofing, logging, and construction may come to mind. But if you work in the restaurant and food service industry, you may also confront debilitating injuries in the course of your job. South Carolina’s restaurant sector is one of the most important in the state, and one of the most hazardous for workers. According to the South Carolina Restaurant and Lodging Association (SCRLA), the state is home to more than 13,000 foodservice and lodging establishments, which collectively employ over 240,000 workers, more than any other non-government employer in SC. Most restaurant workers in South Carolina are eligible to file workers’ compensation claims when work activities cause an injury. If your claim is denied or dismissed, a South Carolina workers’ compensation lawyer at Stewart Law Offices can help you apply for the benefits you need while you recover.
Call or contact us today for a free consultation.
Common Workplace Injuries at Restaurants
Burns, cuts, slips, falls, and broken bones often sideline restaurant workers. In addition, repetitive motion injuries are commonplace. Think of slicing large volumes of vegetables day after day. Or operating a cash register at a busy diner. Even the constant bending when inserting large pizzas into a brick oven and removing them when done. Any of these activities could result in an injury. Sometimes an injury can resolve in a couple of days. Other times, you may not be able to return to work for weeks, months —or, in the worst cases, forever. Fortunately, workers’ comp in South Carolina allows restaurant workers to recover money to cover employees’ accident-related medical bills, a portion of their lost income, and disability benefits while they are healing. But time is of the essence. In South Carolina, you have 90 days to notify your employer and up to two years to file a claim. If you miss these deadlines, you may lose your eligibility for workers’ comp benefits.
Can a Restaurant Worker Receive Compensation for an Injury?
If you work in the restaurant or food service industry, you’re entitled to workers’ compensation in South Carolina if:
- The company you work for has at least four full-time or part-time employees.
- Your company’s total annual payroll is at least $3,000.
State law requires businesses to buy and maintain workers’ comp insurance covering their employees if these two qualifications are met. If they fail to do so, companies may face fines and penalties.
What if I work at a small, family-owned restaurant? Even many small restaurants are covered. If the restaurant has four or more employees, the owner is required by law to carry coverage. If your employer does not have workers’ comp insurance, you still have options.
South Carolina has an Uninsured Employers Fund that may provide benefits in such cases, and you may also be able to pursue a civil lawsuit directly against your employer.
What Workers’ Comp Benefits Can SC Restaurant Employees Receive?
If you’re injured on the job at a restaurant or bar in South Carolina, workers’ compensation may cover:
- Medical benefits — all reasonably necessary treatment related to your work injury, including emergency care, hospitalization, surgery, prescription medications, physical therapy, and any rehabilitation services. Your employer’s insurance carrier may direct you to a specific authorized physician.
- Wage replacement (temporary total disability benefits) — if your injury prevents you from working, you can receive wage loss benefits equal to two-thirds of your average weekly wage, subject to state minimum and maximum limits, until you are able to return to work or reach maximum medical improvement (MMI).
- Permanent disability benefits — if your injury results in a permanent impairment, you may be entitled to additional compensation based on the nature and extent of the disability, including partial or total disability benefits.
- Vocational rehabilitation — if your injuries are severe enough that you cannot return to your prior job, SC workers’ comp may cover job training and assistance in finding new work within your physical capabilities.
What If I Was Partially At Fault for My Injury?
Fault is not a factor in workers’ comp claims. It doesn’t matter who was to blame. You may still be entitled to benefits as stipulated in South Carolina law. Unlike a personal injury lawsuit, workers’ compensation in SC is a no-fault system; you don’t have to prove your employer was negligent, and your employer cannot deny your claim simply because you made a mistake that contributed to the accident.
Contact the Workers’ Compensation Lawyers at Stewart Law Offices Today
If you’ve been hurt while working in the restaurant industry in South Carolina, you shouldn’t have to worry about how to pay for your bills while you’re recovering. A workers’ compensation lawyer at Stewart Law Offices can help you through the complicated process of applying for benefits and assisting with any appeals if you’ve been denied. We handle workers’ comp cases on a contingency fee basis; you pay nothing unless we recover benefits for you. Give us a call today to get started on the path to the workers’ compensation you deserve. With offices in Rock Hill, Spartanburg, Columbia, Beaufort, and Lexington, ** Stewart Law Offices is available to support you whenever and wherever you need us. Contact us today for your free, no-obligation consultation.