If an injury at work has set you back, we'll help you move forward
Waiter and waitress injuries commonly include slip and fall accidents, burns from hot dishes, or cuts from broken glassware in the food service industry.
If your life, or the life of a loved one, has been affected by an accident at work, we can help. Whether your injuries were caused by a slip, trip, fall or other incident, you may be entitled to claim compensation against your employer.
You can make a No Win, No Fee compensation claim for an accident in a public place with the help and support of a personal injury solicitor.
2.5% of food service workers are injured every year - you are not alone
The accommodation and food service industry is the third most dangerous working environment after farming and construction. In the 2022/23 period, there were 2,500 non-fatal reported injuries per 100,000 workers (hse.gov.uk).
Poorly managed kitchens pose a risk to staff, especially waiters and waitresses unfamiliar with kitchen equipment like ovens and knives. Employers are responsible for safeguarding all employees and customers from accidents.
If you decide to make a waiter and waitress injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.
How much compensation can I claim for a waiter or waitress injury?
The amount of compensation you can claim for a waiter or waitress injury depends on:
- the seriousness of your injury,
- the impact of your injury on your daily life and ability to work,
- any expenses or financial setbacks caused by your injury.
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Updated February 2025
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages is compensation for quantifiable financial losses you've incurred as a result of your injury. Compensation can include lost wages, bonuses, benefits and other perks, damage to clothing, and any additional expenses directly related to your injury.
These damages will also cover any medical or treatment bills, such as pain medication and psychological support.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average waiter and waitress injury compensation payouts
The following waiter and waitress injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Ankle injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minor fractures, sprains, and ligament injuries with full recovery | Up to £15,250 |
| Moderate | A fracture or ligament injury with mild ongoing symptoms | £15,250 to £29,500 |
| Severe | Lengthy treatment required, and your ability to walk has been permanently affected | £34,740 to £55,540 |
Arm injury
| Severity | Example | Amount |
|---|---|---|
| Forearm fracture(s) | Simple fracture to one or both forearms; | £7,330 to £21,300 |
| Less severe | Less severe injury to one or both arms, with onoing disability but good prospects for recovery | £21,300 to £43,460 |
| Serious | Serious fracture of one or both forearms, with scarring and/or ongoing disability | £43,460 to £66,410 |
Back injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | A back sprain, disc prolapse, soft tissue injury or minor fracture that fully recovers without surgery | £2,720 to £13,870 |
| Moderate | A disc lesion, prolapse, fracture or soft tissue injury leading to chronic conditions, including pain, mobility issues, impaired sexual function, psychological effects, a risk of arthritis, spondylolisthesis, and nerve root irritation | £13,870 to £30,800 |
Dermatitis
| Severity | Example | Amount |
|---|---|---|
| Short-term dermatitis | Affecting hands or other parts of the body (other than your face and scalp), where symptoms resolve with treatment, or short term aggravation of an existing condition | £1,890 to £4,380 |
| Longer-term dermatitis | Affecting hands or other parts of the body (other than your face and scalp), where symptoms take several months or years to resolve with treatment | £9,590 to £12,660 |
Elbow injury
| Severity | Example | Amount |
|---|---|---|
| Recovery within 18 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £3,920 |
| Recovery between 18 to 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £7,210 |
| Recovery after 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms or damage | Up to £13,970 |
Finger injury
| Severity | Example | Amount |
|---|---|---|
| Relatively minor injury | Finger fractures that recover in under 6 months, and/or injuries with tenderness, pain in cold weather, or scarring | Up to £5,270 |
| Index finger fracture | Fracture fully heals, but with ongoing pain, disability and an increased risk of osteoarthritis | £10,110 to £13,570 |
| Serious injury | to ring or middle finger | £11,450 to £18,130 |
Foot injury
| Severity | Example | Amount |
|---|---|---|
| Modest | Simple metatarsal fractures, ruptured ligaments, or puncture wounds | Up to £15,250 |
| Moderate | Displaced metatarsal fractures, deformity and/or continuing symptoms, where further surgery is required | £15,250 to £27,730 |
| Serious | Injuries affecting your mobility, including fracture of both heels or feet, heel fusion, osteoporosis, ulceration and symptoms including deformity that requires a brace | £27,730 to £43,490 |
Hand injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) injuries to one or both hands | A fracture or break recovering within 6 months, and/or with scarring, tenderness and pain in cold weather | Up to £5,270 |
| Moderate injuries to one or both hands | Moderate crush injuries, penetrating wounds, or deep cuts | £6,280 to £14,730 |
| Moderate/serious injuries to one or both hands | Serious crush injury that causes impaired function andthat cannot be resolved with surgery | £16,040 to £32,170 |
| Serious injuries to one hand | Amputation of fingers and/or part of the hand, or a serious hand injury causing a reduction of grip, dexterity and cosmetic damage | £32,170 to £68,680 |
Knee injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | E.g. dislocation, torn cartilage or meniscus, that could cause future symptoms or weakness, or that exacerbated an existing injury | Up to £15,250 |
| Moderate | More serious knee injuries with a greater risk of future symptoms, pain and weakness | £16,460 to £29,050 |
| Serious | E.g. a leg fracture that extends to the knee joint, or injuries that cause constant pain and restricted movement, and/or a risk of osteoarthritis or future knee surgery | £29,050 to £48,210 |
Leg injury
| Severity | Example | Amount |
|---|---|---|
| Simple tibia or fibula fracture | Simple fracture with full recovery | Up to £13,140 |
| Simple femur fracture | Simple femur fracture with no damage to articular surfaces | £10,110 to £15,620 |
Non-facial body scars
| Severity | Example | Amount |
|---|---|---|
| Minor | Burns with scarring and ongoing pain | £2,630 to £8,690 |
| Moderate | Scarring such as an exploratory laparotomy scar | Around £9,590 |
| Serious | A noticeable laceration scar or single disfiguring scar | £8,690 to £25,220 |
Wrist injury
| Severity | Example | Amount |
|---|---|---|
| Lesser | Relatively minor soft tissue injury or displaced fracture, with a full recovery within 12 months | £3,920 to £5,260 |
| Moderate | Uncomplicated Colles' fracture | Around £8,250 |
| Moderate | Fracture or soft tissue injury with complete recovery | £6,750 to £11,480 |
The impact of psychological injuries
Psychiatric harm is less obvious than physical injury, but the consequences can be just as difficult to deal with.
Our 2025 Public Place Injury Claimant Survey highlights that 29.03% of claimants reported they had suffered a psychological injury, 70.97% of which related to a physical injury.
Injuries sustained while working in food service can lead to anxiety in similar work environments and impact future career choices.
A specialist solicitor will consider psychological harm when calculating your compensation. Psychiatric injuries are recognised in the official guidelines for compensation, and the cost of treatment and other mental health support should be included in your compensation award or settlement.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
Am I eligible for injury compensation?
You should be entitled to waiter and waitress injury compensation if your injury resulted from the negligence or actions of another person or organisation, or from an accident that was not your fault.
Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
What if I was partially at fault?
Personal injury claims where both the defendant and claimant share some responsibility are relatively common.
In our recent 2025 Public Liability Injury Claimant Survey, 17.45% of respondents thought they could be partially to blame for their accident.
You can often still claim compensation even if you were partly to blame, as cases with shared fault usually settle with a split-liability agreement.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long after a waiter and waitress injury do I have to claim compensation?
In most cases, you have up to 3 years from the date of your accident or injury to start a claim.
For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a claim.
Accidents sustained by waiting staff
Waiters and waitresses may be exposed to a variety of hazards in the workplace. Injury compensation claims made on behalf of wait staff range from those relating to burns, scalds and lacerations to sprains, strains and broken bones.
The most common accidents include:
Slips and falls
Slips, trips and falls are the primary cause of injury in cafes and restaurants. Wet floors, grease and spillages are hazardous and should be cleaned away quickly to reduce the risk of an accident occurring.
See also:
Slips, trip and fall injury claims
Scalds and burns
Waiters and waitresses are often tasked with preparing hot drinks and carrying them across a busy restaurant floor. Spillages can cause serious scald injuries. Restaurant equipment, such as ovens, grills and fryers also pose a burn injury risk.
To reduced the risk of accident, employers are expected to provide the appropriate safety training as well as issuing suitable Personal Protective Equipment where it is appropriate to do so.
See more:
Burn and scald injury compensation claims
Manual handling injuries
Working in a restaurant often requires a reasonable amount of lifting, pulling and carrying. Injuries arising from this activity, such as muscle pulls and strains, can occur if the waiter is not given training in the proper handling techniques and may result in a manual handling claim.
Cuts and lacerations
Knives, graters and industrial slicers are all features of the modern commercial kitchen.
By law, dangerous machinery must be fitted with the proper guards and other safety mechanisms to reduce the accident risk, and waiters who operate any dangerous tools and machinery should be trained on how to do so safely.
Employers have a legal duty to protect their employees from injury in the workplace. As part of this duty, they must observe various pieces of health and safety legislation such as the Health and Safety at Work Act of 1974.
Any employer that fails to implement safe working practices may be liable to pay compensation if the waiter or waitress is injured as a result. This will be a type of work accident claim brought against the owner of the restaurant and their insurance company.
See also:
Making a work accident compensation claim
Accidents caused by waiting staff
Some of the most common preventable accidents involving restaurant customers include:
- The waiter or waitress spilling hot drinks or food on a customer, causing scald injuries
- Being struck by the objects the waiter was carrying, such as a plate, tray or other heavy item. Injuries typically include bruises, lacerations and concussion injuries
- Colliding with a member of waiting staff
- Being handed a hot plate, causing burn injuries
Anyone who has been involved in an accident with a waiter, waitress or other member of restaurant staff may be eligible to claim compensation for their injuries.
See also:
Vicarious liability
Ordinarily, the claim would be brought against the restaurant owner and not the waiter or waitress directly. That is because the waiter's actions are the responsibility of the employer. This mechanism is referred to as vicarious liability.
As with all personal injury claims, the claimant would have to prove that someone else was to blame for the accident in order to be awarded compensation. An experienced personal injury lawyer can help gather the appropriate evidence and make a robust case.
What was the cause of your injury?
Claiming compensation depends on the cause of your injury. Click the icons below for read more:
Can I make a no win, no fee waiter and waitress injury claim?
Yes. With no win, no fee, you can claim waiter and waitress injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to an injury specialist about your claim?
- Calls are FREE
- Confidential consultation
- No obligation to claim
- No Win No Fee solicitors
Call 0800 376 1001
or arrange a callbackAuthor:
Howard Willis, Personal injury solicitor
About the author
Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.