Can You Be Fired for Filing for Workers’ Compensation Benefits in Delaware?
Restaurant workers routinely sustain debilitating injuries on the job, regardless of whether they are working in the kitchen or serving customers. According to the U.S. Bureau of Labor Statistics (BLS), restaurant workers sustained nearly 94,000 injuries in 2019, and more than 31,000 of those injuries resulted in one or more missed workdays. Injuries can occur at restaurants in various ways, including injuries sustained in slips and falls due to drink spills, cuts from kitchen knives, and burns from kitchen cooking equipment. Restaurant workers need to know that Delaware’s workers’ compensation law requires restaurants to carry workers’ compensation insurance for employees. As such, if you sustained an injury while working at a restaurant in Delaware, you may be able to obtain workers’ compensation benefits.
Common Types of Restaurant Worker Injuries
Some types of injuries are more common among restaurant employees than others, particularly lacerations and burn injuries. According to the BLS, the following are the most commonly reported injuries for people working in food services:
- Cuts and lacerations;
- Sprains, strains, and tears;
- Soreness and pain; and
- Heat or thermal burns.
The BLS notes that more than 8,000 injuries involving cuts or lacerations in the restaurant industry result in lost work days every year, and these injuries occur at a rate of 23.6 incidents for every 10,000 full-time restaurant workers. When it comes to both cuts and thermal burns, restaurant workers sustain far more of these types of injuries than any other worker in private industry.
Part-Time Restaurant Workers are Covered
You may be wondering if you are eligible for workers’ compensation benefits if you are a part-time restaurant worker. Many restaurant employees have part-time jobs waiting tables, for example. It is important to know that you can be eligible to receive workers’ compensation benefits if you are injured while doing your part-time restaurant work. Under Delaware workers’ compensation law, you do not need to be a full-time employee at the restaurant where you work to be eligible for compensation.
Seasonal Restaurant Workers are Covered
Many restaurant workers in Delaware are also seasonal. Some restaurants, especially those on the beach, employ more workers during the summer months. Other food service establishments might hire more workers during the holiday season. You should know that, even if you are a seasonal employee at a restaurant, you can be eligible for workers’ compensation benefits if you sustain an injury on the job. One of our Delaware workers’ compensation lawyers can help you with your claim.
Contact Our Delaware Workers’ Compensation Attorneys for Assistance
If you were injured while working at a restaurant in Delaware, you may be eligible to obtain workers’ compensation benefits. An experienced Delaware workers’ compensation lawyer at our firm can evaluate your case for you today, and we can provide you with more information about the benefits you may be able to receive. We will also assist you with the claims process. Contact Freibott Law online or call our firm in Wilmington at (302) 633-9000.
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