Hospitality Workers Compensation Lawyers in Sydney & NSW

What types of hospitality workers are covered under workers compensation claims?

It’s important to understand your rights to workers compensation as a hospitality worker in New South Wales. We’ve assisted hospitality staff across Sydney and NSW with a wide range of workplace injury claims from serious kitchen accidents to repetitive strain injuries in fast-paced café environments.

Examples of hospitality roles covered by workers compensation include:

• Kitchen Staff: This includes chefs, cooks, kitchen assistants, and dishwashers.
• Floor / Service Staff: Waitstaff and all other food service workers responsible for the delivery of food.
• Bar Staff: Bartenders and baristas.
• Housekeeping Staff: Guest room and public area housekeepers as well as cleaning and maintenance crew.
• Front-of-House Staff: Porters, bell staff, receptionists and concierge.
• Engineering and Maintenance Staff: All team members responsible for the repair and upkeep of the hotel, restaurant or venue’s plant and equipment, working to ensure it operates safely and efficiently.
• Management and Supervisors: Managers and supervisors across all operational areas are entitled to workers compensation.

Does my employment status affect my eligibility for NSW workers compensation in the hospitality industry?

The New South Wales workers compensation system provides protection to all hospitality workers. If you are a full-time chef, part-time housekeeper or banquet staff working on major events and are injured or develop an illness due to your work, you are entitled to workers compensation.

Workers compensation in NSW applies to:

• Full time employees
• Part time employees
• Casual employees

What should I do if I get injured while working in the hospitality industry?

The physically demanding, fast paced nature of hospitality work can lead to unforeseen injury or illness that significantly impacts your life.  If you have been injured and are suffering from an illness due to a work related incident, please follow the below steps:  

Prioritise Medical Attention:

• Seek immediate medical assistance.  This includes the first aid person in your workplace, your GP or in hospital emergency department.  You need to explain how you were injured and ensure the medical professional who treats you includes this information in their notes.  This is vital information for your workers compensation claim.

Report the Injury:

• Immediately report the injury to your supervisor or employer. You can do this verbally and then send it in writing, by email or by completing an incident report form, as soon as it is possible to do so.  
• The Information you need to include is the date, time, location and any other details you feel are important.  If there are witnesses, please note this information too.

Gather Evidence:

• Take photos or videos of the accident scene and any equipment or conditions that contributed to your injury, if you are able to.
• Collect contact details of any witnesses.
• Hold onto any damaged clothing or equipment

Navigating the Workers Compensation Process:

Medical Certificate of Capacity:

• Your treating doctor (GP or specialist) must provide you with a Certificate of Capacity. This certificate is vital because it:
• Is documented medical evidence of your injury or illness.
• The certificate explains your current work capacity by specifying your ability to work and your allowed duties and any work restrictions.
• The document shows how long you will be unable to work.
• You need to present this certificate to your employer at the earliest opportunity

Employer’s Responsibilities:

• Your employer is legally required to:
• Forward the Medical Certificate of Capacity to their workers compensation insurer.
• Provide you with information about their insurer and the claims process.
• Coordinate your return to work, if possible, through suitable duties.

Workers Compensation Claim:

• Workers compensation benefits that you may be entitled to include:
• Weekly payments to cover lost wages.
• Medical expenses.
• Rehabilitation costs.
• Potential lump sum compensation for permanent impairment.
• You must ensure that you complete the workers compensation claim form accurately and in a timely manner.

Seek Legal Advice:

• NSW workers compensation law can be complex. We recommend consulting with an accredited specialist in personal injury law.  All lawyers at Garling & Co are accredited specialists in personal injury law. 
• A skilled lawyer can:
  • Advise you on your rights and entitlements.
  • Ensure your claim is properly lodged and supported.
  • Negotiate with the insurer on your behalf.
  • Represent you in any disputes or appeals.
  • Help you understand the time limits that apply to your claim.

Can I sue for negligence?

If you have sustained an injury as a hospitality worker, then you may have a right to claim common law damages against your employer. This claim is a Work Injury Damages claim. A Work Injury Damages claim is when an injured worker sues their employer for damages due to negligence. This type of claim is to cover past and future loss of income.

To be able to claim Work Injury Damages, the injury must be as a result of the negligence of your employer, and you must have a whole person impairment of at least 15%. You will need the assistance of an experienced lawyer to make this type of claim.

If your injury is due to the negligence of someone other than your employer, you may have a claim against that person or company. You need to discuss this with a lawyer as soon as possible.

What common injuries and illnesses can hospitality workers claim for?

Hospitality workers often face fast-paced, physically demanding environments that can lead to a variety of injuries and illnesses. Based on our experience, some of the most common claims include:

• Slips, Trips and Falls are among the most common accidents in hospitality settings. Such incidents may result in broken bones, stretched ligaments, and various other severe injuries. Examples Include: Dining areas, kitchens and bars are places where food and drink spills are likely to happen and make floors slippery.
• Wet surfaces are created by floor mopping during service hours, refrigeration unit leaks, and dishwashing area spills.
• Obstacles: Clutter in walkways, uneven flooring, or misplaced equipment. The problem of poor lighting is found in storage areas which are dimly lit and stairwells which are poorly lit.
• Thermal Burns and Scalds – The use of hot surfaces, liquids and steam in the hospitality industry poses a significant risk to burns and scalds for hospitality staff. Examples include Hot cooking equipment includes ovens, grills, deep fryers and hot plates. Hot liquids are a risk factor as they may include boiling water, hot oil, or coffee.
• Cuts and lacerations are most commonly caused by sharp tools and knives and broken glassware in hospitality settings.
• Manual Handling Injuries – Heavy lifting, repetitive tasks, and working at awkward postures can cause musculoskeletal disorders.
• Repetitive Tasks: Continuous food preparation, dishwashing, or serving.
• Cleaning agents, detergents, and other chemicals used in hospitality services may cause skin irritation and respiratory problems and other health problems.
• Dishwashing Chemicals: Exposure to detergents and sanitizers.
• Psychological Injuries – High-pressure environments, long hours, and customer interactions can contribute to workplace stress, harassment, and other psychological injuries.
• Workplace Stress: High-volume periods, demanding customers, or tight deadlines.
• Harassment: Verbal abuse, bullying, or discrimination from customers or coworkers.
• Long working hours, shift work, overtime and irregular working schedules are some of the factors that may cause this.

What can I claim for a hospitality industry injury?

If you’ve been injured while working in the hospitality industry, you may be entitled to a range of benefits under the NSW Workers Compensation scheme. Depending on your situation, you may be able to claim for:

Work Injury Damages (WID) in NSW:

The standard workers compensation benefits in NSW are available to injured workers but they may also pursue Work Injury Damages claims. Workers must prove their employer’s negligence caused their injury to pursue work injury damages by showing employer negligence led directly to their injury.  This is a common law claim. Workers also need to prove a permanent impairment of at least 15% to qualify for work injury damages according to NSW law. The threshold exists to restrict claims only to severe injuries. Workers who want to file work injury damages must start a separate legal process in the District Court of NSW.

No Double Dipping:
The laws that govern weekly payments and lump sum payments with work injury damages have specific rules regarding their interaction. The system prevents duplicate payments for identical losses.

What is the claim process?

1. If you think you may have a claim, then please contact us by email or phone to discuss your matter. We provide you with free advice on your options.
2. If we believe you have a claim for workers compensation, we will assist in ensuring you obtain appropriate compensation for your injuries.
3. We obtain the necessary evidence to win your claim. This is done by one of our experienced injury lawyers.
4. We pursue your claim and fight until you receive the compensation you deserve.
5. You receive your compensation in your bank account.

Why Garling & Co Lawyers?

At Garling & Co we are a small, highly skilled team whose sole focus is representing individuals who have suffered severe and permanent injuries. We understand the profound impact these injuries have on our clients and their families.

You’ll be represented by accredited specialists in personal injury law, with a proven track record of managing complex cases, ensuring you receive the highest level of legal expertise in personal injury law. Our extensive knowledge of NSW personal injury law means we fight for all the compensation benefits you deserve, including medical expenses, lost income, and ongoing care needs. Contact us today for a free confidential case assessment.