Catering Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a catering accident, we can help.

If your injuries were caused by your employer or a co-worker, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a work accident compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses. By law, your employer will have insurance to cover the cost of injury claims, and your compensation will be paid out of this policy.

We can help you make a work accident claim on a No Win No Fee basis.

In this article

Introduction

Working in the catering industry comes with inherent risks. Kitchens, restaurants, cafeterias, bars and canteens are fast-paced environments. People handle hot food and drinks, sharp objects like knives, and operate ovens, hobs and other potentially dangerous equipment every day.

It is easy to see how, if health and safety is not managed properly, accidents can happen in the catering industry.

Who can make a catering accident claim?

Any person who works in the catering industry and has suffered an injury as a result of someone else's negligence may be able to make a claim. Chefs, cooks, waiters, bartenders, assistants, and any other staff members can make a claim for an injury that happened at work in the catering industry.

Common kitchen hazards

  • Hot surfaces
  • Hot food and drinks
  • Boiling water, oil and other liquids
  • Trip and slip hazards like wet floors and poor storage
  • Potentially hazardous machinery like slicers, blenders and naked flame hobs

Common injuries suffered by catering staff

  • Burns and scalds
  • Lacerations
  • Back injuries
  • Bruising and fractures from slipping and tripping

Who can make a claim?

If you have suffered an injury while working in the catering industry, you may have a case for a compensation claim if you can prove that the accident was a result of someone else's negligence.

While it is difficult to completely eliminate risks in the catering industry, the employer has a duty of care to ensure that all risks are minimised as far as possible. The employer can do this in a number of ways:

  1. Providing personal protective equipment (PPE) such as aprons and heat-proof gloves.
  2. Training employees on the correct and safe usage of dangerous tools such as slicers.
  3. Ensuring that all floor surfaces are kept clean and clear, and that all spillages are cleared as soon as they are spotted.
  4. Training staff on the correct way to lift and carry heavy objects to avoid back injuries.

If you believe that your employer has failed to ensure any of the above, which resulted in an injury, you may have negligence case against them. Your claim will be examined to assess how much compensation you are entitled to.

The amount of compensation awarded will be determined by taking into account factors such as: the pain caused at the time of the injury; the time taken for the injury to heal; the impact the injury has on quality of life; and any financial losses incurred as a result of being incapacitated.

Personal Protective Equipment at Work (Amendment) Regulations 2022

The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.

This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract.

Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.

If you are injured in a catering accident, and your employer failed to provide you with suitable PPE, you may be entitled to claim compensation - even if you are a temp or self-employed.

Do I have an injury claim?

It should be possible to make an injury claim if you were injured:

  • in the last 3 years and;
  • someone else was to blame.

Even if these two points don't apply to you, you may still be able to make a claim.

To find out for sure, speak to a legally trained adviser on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

What if the catering injury happened abroad?

Making a claim for a catering injury abroad can be more complicated. Any number of factors can affect the best way to go about making a claim. These include whether it was a package holiday, which country you were in and your insurance position. Please call us for more information.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a severe scald injury can be £20,000

For a minor burns injury, in isolation, you would typically receive £3,500.

However, if you have a severe scald injury and a minor burns injury, you would typically receive £20,000 + a reduced percentage of £3,500.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Should I set up a personal injury trust?

If you are receiving means-tested benefits and are awarded compensation following a catering injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now:

Calculate compensation

How long does a catering injury claim take?

The length of time needed to secure compensation for a catering accident can vary significantly.

If your employer does not contest the claim, it can settle in a matter of weeks. If the employer denies liability, a compensation claim can take substantially longer. Normally a work accident claim will take 6 to 9 months. For more information, see: How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee, no risk

No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an injury claim with:

  • no upfront legal fees
  • no solicitor's fees payable if your claim is not successful
  • a success fee payable only if your claim is successful

No Win, No Fee is the most common way to make a compensation claim.

No win, no fee - our guarantee

If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of making an injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. catering injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

Call me back
  • Tick icon FREE consultation
  • Tick icon Find out if you can claim
  • Tick icon No obligation to start a claim

Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher