Kitchen accidents are a regular occurrence in commercial kitchens. Whether you are working for a large company or a small catering business, if you have been injured in a commercial kitchen accident, you may be able to make a compensation claim against your employer.
Can I claim compensation if I am injured in a commercial kitchen? Yes, you can make a claim for compensation if you are injured in a commercial kitchen.
It’s important to note, though, that just because someone has been injured at work doesn’t automatically mean they have grounds for claiming compensation. To successfully make a kitchen accident claim, will depend on whether you can prove your employer was neglectful in their duty of care, that this negligence caused your accident, and that you weren’t to blame for the accident.
You may also be able to claim damages for pain and suffering, but you will need to prove how long the pain lasted and how serious it was.
If you’ve been injured at work and it wasn’t your fault, speak to a trained legal adviser for free when you call 0800 234 6438 or request a call back using the form at the bottom of this page. You won’t ever get pressured into making a claim, but if you’re ready to find out how much you could be owed for your workplace injuries, get in touch today.
Working in a commercial kitchen can be one of the most demanding jobs there is. Not to mention one of the most hazardous – hot oil, hot water, scalding steam, spilled liquid on the floor, etc.
The law states that you must be provided with a safe working environment by your employer. This includes providing adequate training and supervision, the provision of appropriate equipment and safety clothing, and ensuring that employees are properly trained to use equipment.
If any of these things are missing or inadequate, then you may have a case for compensation against your employer.
Injuries sustained in a commercial kitchen can range from mild to severe. According to one study, the most common injuries sustained by kitchen employees include cuts (23%), burns (21%), sprains and strains (17%) and overexertion injuries: those that occur when muscles are overused or strained for an extended period of time (15%).
Kitchen workers also experience repetitive stress injuries—such as carpal tunnel syndrome—as well as back injuries from lifting heavy pots and pans.
Other common injuries sustained in commercial kitchens include:
Burns are among the most common injury to occur in commercial kitchens, and they can be very serious. Burns can be caused by being splashed with hot liquids, steam from boiling water, oil falling onto clothing/skin, or from exposure to potentially harmful cleaning chemicals.
Scalds are burns caused by exposure to hot liquids or steam. The most common way to sustain a scald in a commercial kitchen is if you’re stirring a pot with boiling liquid and you lean over.
Slip and trip injuries in the food industry are also among the most common causes of workplace injury, resulting in fall at work claims. For example:
Find out more about making a trip claim.
Another of the most common injuries in the kitchen are cuts. You can get a cut from knives or other sharp objects, broken glass, or even a hot pan. The most common type of cut is a laceration, which is a tear to the skin or its underlying tissue. These types of wounds can be quite serious if they’re deep enough, severe enough—or infected.
Fractures are again another common injury in commercial kitchens. If you’re not careful, you can suffer a fracture when you’re working with heavy pots and pans, for example if you drop one on your foot.
If you have been injured as a result of an accident in your workplace kitchen then it is important that you seek medical attention immediately. Then, if you want to find out more about making a personal injury claim following an accident in the kitchen, speak to a trained legal adviser on 0800 234 6438, or request a call back, about whether you’re eligible to claim compensation and what the next steps are.
Your employer has a duty of care towards you. This means that they must take reasonable steps, e.g. carry out regular risk assessments, to make sure that your work area is safe and free from hazards.
If a kitchen accident happens in the workplace, and it was not your fault, your employer has been negligent in their duty of care.
The following are examples of negligence:
If you have been injured as a result of any one or more of these types of negligence then you may be eligible to make a compensation claim against your employer.
The first step in determining whether a claim can be made is to determine whether the employer has been negligent. To be found liable for negligence, an employer must fail to act as a reasonable person would in the same or similar circumstances, i.e. the man on the Clapham omnibus.
If you have been injured in a kitchen at work, then you may be able to make a personal injury claim for compensation. You can claim compensation for your injuries and any losses that have resulted from them.
Compensation may be available from your employer or third parties depending on the circumstances surrounding the accident. However you will need to prove that you were injured at work and that it was the fault of the employer, which means showing that they failed to put in place adequate measures to prevent accidents such as yours, or keeping dangerous equipment locked away, or providing adequate training where necessary.
To achieve a financial compensation settlement for a personal injury claim, there are a few simple steps to take to help ensure your claim is successful. These include:
Before you submit a claim for compensation, make sure you qualify:
Once you’ve decided that you want to pursue compensation for your kitchen accident, you’ll want to begin to gather information about what happened. You’ll need to include the details of what happened.
This includes how the accident occurred and who was involved in it. If it’s possible, try to describe exactly what went wrong and how much damage was done as a result of the accident. For example, if there was an electrical fire caused by faulty wiring in your oven.
You’ll also want to note down where it happened and why did it happen there? Was anyone else hurt or killed in this incident? What injuries were sustained by those who were present during this time period?
These are all important questions that will help determine whether or not the accident was due to negligence on behalf of another party’s actions, or inaction regarding something like defective products or unsafe working conditions.
If you are injured, seek immediate medical attention. Even if a cut or burn appears minor, it’s important to get it looked at by a doctor as soon as possible. Leaving an injury untreated can lead to infection and other complications that may be harder to treat later on. Plus, having the injuries recorded on your medical file will help your claim.
You should report the accident to your employer as soon as possible. If you don’t report an injury straight away, or if they find out later that there was an accident, your employer might try and say that they didn’t know about it so they won’t have to pay compensation.
But if you can prove that you reported it at the time of the accident then this won’t be an issue for claiming compensation.
You will want to take photos of any injuries, damage to property and witnesses. You should also take photos of any witnesses’ details – including names, phone numbers and email addresses if possible.
If you are able to get hold of an eyewitness report at this point, it would be very helpful and could be used as a basis for your own statement.
If you aren’t able to speak directly with a witness first-hand (and this may be the case if they live far away or are not available), try asking someone else who was present at the time for their opinion on what happened.
They might be able to give some insight into how things unfolded and whether there were any warning signs that could have been spotted beforehand.
If you have been injured at work and need to know how much compensation you can claim for your workplace accident, then the first thing to do is speak with an experienced personal injury lawyer.
A good compensation claim lawyer will be able to help you understand what kinds of losses are available and how they might apply in your case.
For example, if you suffer injuries that prevent you from working, or if they make it difficult for you to continue doing so at the same level as before, or if you’ve suffered as physical and mental trauma, then this may entitle you to claim loss of earnings.
If your injuries were such that it’s likely they would reduce your earning capacity in the future (or even permanently), this may also attract a higher award level.
To find out the maximum compensation payout you could be eligible for, you can use the compensation calculator.
As a rough guide however:
To begin your no win no fee agreement, call 0800 234 6438 and speak to a trained legal adviser today, or request a call back using this form. It won’t cost you a penny to make a claim, but it could help get your life back on track if your claim is successful. You have nothing to lose.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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