Waiter and Waitress Injury Compensation Claims
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.
Claiming injury compensation with a solicitor
You can make a compensation claim for an accident in a public place with the help and support of a personal injury solicitor.
Your solicitor will ask you about how the accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will then identify who is legally responsible. Based on your injuries, lost earnings and other expenses they will also work out how much money you can claim.
Owners or occupiers of business premises should have insurance to cover the cost of injury claims, and your compensation will be paid out of this policy.
We can help you make an injury claim, on a No Win No Fee basis.
In this article
Commercial kitchens are recognised by the Health and Safety Executive (HSE) as dangerous environments. According to the HSE, kitchens and restaurants and a frequent source of accidents in the workplace.
When kitchens are not suitably managed, in compliance with applicable regulations and health and safety standards, employees including wait staff are particularly at risk of injury.
Waiters and waitresses come into contact with hot drinks, ovens, knives and other kitchen equipment. Unlike other kitchen staff, these employees may not be fully trained in the safe use of such equipment.
All employers have a responsibility to protect their employees, visitors and members of the public from accidents and injuries. If you have been injured while working as a waiter or waitress, or as a restaurant customer, you may be eligible to claim compensation.
Do I have an injury claim?
It should be possible to make an injury claim if you were injured:
- within the last 3 years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Injury claim eligibility - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.
Can I claim if the waiter and waitress injury made an existing injury worse?
Yes, although demonstrating this can be more difficult than proving a straightforward waiter and waitress injury injury, so legal and medical advice should be sought as early as possible.
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 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 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
- Travel costs
- Costs of care
- Costs of adapting your home or car
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.
Can I claim for an existing waiter and waitress injury that has got worse?
Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.
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:
- Instant accurate calculation
- Checks your right to claim
- Confirms No Win, No Fee eligibility
How long does a personal injury claim take?
The length of time needed to settle a waiting accident claim can vary considerably.
For example, a simple uncontested occupiers liability claim can settle in a matter of weeks. If the defendant denies liability, a claim can take considerably longer. On average an occupiers liability claim takes 6 to 9 months. See more: 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.
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.
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.
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.
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.
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.
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.
No win, no fee
With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.
No win, no fee promise
Our no win, no fee guarantee means there is no financial risk in making an injury claim, even if you don't win your 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, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you 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 at all. 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. waiter and waitress 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.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
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 injury 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:
- Find out
if you can claim
- No obligation
to start a claim
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.
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.
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.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
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.
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.
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.
Howard Willis, Personal injury solicitor
About the author
Howard 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.