Due to the worldwide pandemic, many restaurants are changing the way they serve customers and provide service. As take-out options increase for dining establishments, so does the chance for a slip and fall accident. While some slip and fall accidents are truly just a clumsy mistake, others might be the direct result of the negligence of a restaurant.

If you’ve been involved in a slip and fall accident at a restaurant, then consider how the restaurant may have been responsible for your injuries. You may be unaware of the many ways a restaurant can be held negligent in an injury case.

Take-Out Areas

Not every restaurant was equipped to handle take-out orders. In some cases, restaurants had to shift, adjust, and make do with limited amounts of space. For example, some restaurants may have an outdoor waiting area. The outdoor space may not be properly lit or have proper safety precautions.

If a patron has to step up over a curb or sidewalk, then the take-out space should have warning signs, especially with the expanded foot traffic. Without the warning signs, guests can easily trip and fall in this area. After your injury occurs, images will provide clear views of the take-out location and the presence of natural dangers.

Walking Conditions

A restaurant’s entranceway and lot should also provide ideal walking conditions for guests who walk in and out. In many cases, the food you carry could block out views of obstacles and objects as you head back to your car. A parking lot with potholes, loose gravel, or obstacles could turn into a disaster as you slip and fall.

The weather conditions and proper care could also play an impact. For example, you may have been injured due to icy walkways in front of the restaurant. Soaked entry carpets could create slippery puddles. During poor weather conditions, employees and managers should keep up with the ground conditions both inside and outside the restaurant.

In some conditions like heavy snowfall or downpours, constant cleaning may be impossible. In those cases, safety signs should be used to indicate potential problems. A lack of proper safety and warning signs could create a negligent situation for a restaurant.

Restaurant Cleanliness

Weather is not the only factor that contributes to injuries, as cleanliness plays a big role in consumer safety. Straw wrappers, receipts, and pieces of food can all create dangerous walking conditions and may cause a person to slip when stepped on. Negligence occurs when an injury incident could have been avoided with proper care, such as when such litter is ignored rather than cleaned up.

Witness statements, pictures, and video surveillance can present extra details for such a case. For example, if there was a food spill, the surveillance video can show exactly when the spill occurred and how long the mess was ignored. With enough evidence, a lawyer can hold a restaurant liable for your injuries.

Food Temperatures

Food and beverages may contribute to slip and fall injury cases. If hot soups or hot drinks spill out of containers, you could suffer from serious burns. A third-degree burn includes the charring of the skin, potential scarring, and emergency room treatment.

In some cases, these injuries could be worse than the fall itself. Restaurants could also be liable for serving food at temperatures that are too hot. Even if take-out orders are meant to cool off, customers should not handle dangerously hot food when they pick up take-out in the first place.

Based on the burns, a doctor can determine the temperature that the food was served, and if the food was served too hot.

Move forward with your case with the help of the trained lawyers at Hernandez Law Offices. We will help you seek compensation for your slip and fall injuries.

Injuring yourself at work can be a traumatizing experience. Not only could it cause physical pain and immobility in some cases, but a workplace injury can also affect your emotional health and cause financial distress for you and your family.

Fortunately, workers’ compensation benefits are possible in most situations – and even if your claim is denied, you can still appeal and win benefits to help you become financially whole. Learn the three things you need to do if your workers’ compensation claim is denied.

1. Hire an Attorney

Consult an attorney immediately if your claim is denied. Your attorney will not only be able to help determine why your claim was denied, but they’ll devise a plan to appeal the denial to secure you the compensation you need. On average, individuals who hired lawyers to appeal their denial were awarded 47 percentmore in benefits, so legal help can be a worthwhile investment.

Make sure to gather all the necessary documents before your legal consultation. Your attorney will want to see copies of your initial injury report, medical records showing the extent of your injury and treatment, income statements, and the letter notifying you of your compensation denial.

2. Understand the Reason

You may be surprised to learn why your workers’ compensation claim was denied, but an attorney can help.

Timing is one of the most common decisions why a workers’ compensation claim is denied. Basically, you need to report your injury to your employer within 30 days as per California state law. Therefore, if you fell or hurt yourself on a piece of machinery, your claim will be better off if you notify your employer immediately. You also must file a claim for workers’ compensation within the proper time frame, or your claim could be denied.

A denial may also occur if your employer disputes your claim. For example, your employer may state your injury or illness occurred outside of work. You and your attorney can work together to gather evidence proving the workplace or your position resulted in the injury or illness.

Finally, if you did not receive any medical treatment because of your injury or you are unable to provide proof any medical treatment, your claim will most likely be denied.

3. Appeal the Denial

Once you and your attorney determine and understand the reason for the denial, you can begin the appeal process. An appeal requires a multi-step process, but your attorney will help you through the entire process.

To get started, an application for adjudication of claim must be filed within one year after your injury, after the last day you received medical benefits, or after the day when your temporary disability benefits end. This form opens your workers’ compensation claim with the state’s appeal board.

You and your lawyer will also need to file a “declaration of readiness to proceed,” which notifies the judge you are ready for a hearing. You may then schedule a meeting with your attorney and judge to reach a settlement agreement.

If you are unable to reach a settlement agreement, your appeal will get a hearing, which is similar to a trial. The judge will make a decision based on the arguments and evidence from both sides to determine if your denial was warranted or if you do, in fact, need workers’ compensation benefits.

Help is available if your workers’ compensation claim was denied. Contact Hernandez Law Offices today for assistance. Our experienced team is ready to help you get back on track financially after your workplace injury, so get in touch today to set up a consultation about your claim.