The catering industry is notorious for a whole array of different dangers both inside and outside of the kitchen. There will always be a degree of risk when working with hot equipment, hot liquids together with constant fetching and carrying.
However, if you have been injured in a catering environment as a consequence of negligence by your employer, then you may be entitled to compensation.
Catering injuries caused by an accident that wasn't your fault or through negligence could entitle you to compensation. The amount of compensation will depend on the injury and how it affects your ability to work.
In many ways, the catering/hospitality industry is fairly unique when it comes to the array of dangers. Whether cooking produce in the kitchen, fetching and carrying or delivering to a third-party location, both employees and employers need to be ultra-vigilant.
There are cases where individuals have been injured in the workplace, but the employer has shown they did as much as possible to avoid such consequences.
However, where there is negligence, you should be able to claim compensation for any injuries received.
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As we touched on above, the catering/hospitality industry takes in so many different actions and working environments that there are many common injuries including:-
The catering industry is a notorious pressure cooker when it comes to the working environment, which can often lead to frustration, anger and on occasion, physical assault.
There are various acts of parliament that give significant protection to employees, customers and visitors to business premises. So yes, it is your employer’s duty to protect your health and safety at all times. Failure to fulfil this duty could lead to a negligence ruling which can lead to significant compensation awards.
Yes. These risk assessments should take into account the dangers involved with certain activities, the use of certain equipment and the experience of individuals placed in certain roles. If an employee is given a particular task to do that is not supported by their experience, this could be seen as negligent.
Yes. Under the Health and Safety at Work Act 1974, your employer has a legal obligation to carry out initial training when you join the company. This training must be continuous taking into account health and safety and other aspects of the workplace.
It is also important that employment handbooks are available to all personnel, offering advice, guidance and assistance with procedures.
There should be strict procedures in the workplace, especially for those using chemicals. While short-term exposure to individual chemicals may be “harmless” it is very often prolonged and regular exposure which can cause problems such as dermatitis. In this scenario, you should be provided with safety equipment to avoid skin contact with chemicals.
In order to pursue a compensation claim, this must be lodged within three years of your initial diagnosis. It is important to note that the diagnosis date may not necessarily be the date of your accident in the workplace.
For example, you may have an accident in the workplace, but an injury/medical condition brought on by the incident may not be diagnosed until days, weeks, months or even years down the line. While the date of the accident and diagnosis are traditionally one and the same, this is not always the case.
The more evidence you can provide, the greater your chances of a successful prosecution. This evidence might include anything from the following list:-
This is just an example of the more common elements of evidence used when pursuing negligence and ultimately, compensation claims. Remember, it is the claimant’s obligation to prove negligence by the defendant.
The personal injury claims industry has grown significantly in recent years as more people pursue compensation as a consequence of negligence in the workplace. In the catering industry, this may also include injuries received by clients in receipt of catering services.
What very often appears to be a straightforward case of negligence by an employer/company can become a little more complicated when you dig a little deeper.
Therefore, the guidance and assistance of a claims management company with experience in workplace injuries can be priceless. They will know the information required; how to present the evidence and the legal technicalities which have seen many claims rejected.
Once you have collated as much evidence as possible, this should be shown to a claims management representative for consideration. In the event that they believe you have a minimum 60% chance of success, they will likely agree to take on your case.
While you have the option to fund the legal expenses yourself, the vast majority of cases are undertaken on a “no win no fee” basis. This effectively removes the claimant’s liability for their claims management representative’s expenses - hence the reasonably high cut-off point of 60%.
If you are successful with a self-funded prosecution, then you would likely be able to reclaim your expenses from the defendant. In this situation, you would also keep all of any compensation awarded.
However, if you pursue your case with the help of a claims management company, they will negotiate a “success fee” as part of their client agreement. On average, this means that they would be entitled to 25% of any compensation awarded. This re-balances the risk/reward ratio of taking on your case while exempting you from their expenses.
While the vast majority of catering injury claims would be settled out of court, there will be an occasion where negligence is disputed, and the case goes before the courts. This is often a complex industry involving the making of produce, transportation, delivery and very often served.
It is not difficult to see that there is potential for accidents and injuries. Therefore employers need to be fully aware of their duty of care to employees and customers.
Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.
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