Posted on
Share on Facebook
Share on X
Share on LinkedIn

By: Michael J. McConnell, workers’ compensation lawyer serving Yonkers, the Bronx, and the surrounding areas.

Most fast-food employees in New York are covered by workers’ compensation. This means that if you got hurt at work in the Bronx or elsewhere in New York while working at a fast-food chain, you could be eligible for workers’ compensation benefits including important things like:

In this article, I will briefly cover some of the basics regarding workers’ compensation for fast-food workers in New York. As always, this is for general informational and educational purposes only and is not legal advice.

Please contact the Law Office of Michael J. McConnell today for a free consultation on your workers’ compensation case.  

An Overview of New York Workers’ Compensation

Most employees are covered by workers’ compensation. This is no-fault insurance, which means you can be covered regardless of who was at fault. This means that even if the accident was your fault, you might still be eligible for compensation.

You can also receive benefits regardless of immigration or citizenship status. It is also illegal for an employer to retaliate against you for filing a claim.

You also have the right to a lawyer for your workers’ compensation case. In general, it costs nothing up front to hire one and they only get paid if you do.

If you want a free consultation with New York workers’ compensation lawyer Michael J. McConnell, please contact his office today.

Common Injuries in the Food Service Industry in New York

Work-related injuries happen every day in fast food establishments and other restaurants. Some of the most common injuries include:

There are of course countless other types of injuries and conditions as well – many of which can also be covered.

Important First Steps After a Workplace Accident in the Bronx or Anywhere Else in New York

There are a few really essential things that an injured worker must do if they got hurt at work in New York:

  1. Notify the employer in writing of the accident as soon as possible but no later than within 30 days.
  2. Seek immediate medical attention.
  3. File an Employee Claim Form called the C-3 with the Workers’ Compensation Board.
  4. Continue to follow up with a doctor if appropriate.

In general, doing those four things can best position a claim for success in terms of getting fairly compensated and getting necessary medical treatment covered.

With that said, sometimes the insurance company in charge of your case might give you a hard time. They might do things like:

  • Deny your claim;
  • Refuse to pay you at all;
  • Fail to authorize medical treatment that your doctor says you need;
  • Neglect to pay you the correct amount owed for lost wages;
  • Attempt to minimize your injuries or question your motives;
  • Ignore your requests for help;
  • Send you to a so-called “Independent Medical Exam” which is basically a doctor they hired to check you out because they want to discredit your doctor.

If those things happen, it can be really frustrating especially if you did everything right like notifying your boss immediately, seeking early medical care, and providing all of the necessary information when filing your formal claim.

If any of the above things occur, the process can feel overwhelming. In that situation it is generally recommended to consider speaking with a lawyer.

Workers Have a Right to an Attorney for Workers’ Compensation in New York

Most workers’ compensation lawyers in New York – including the Law Office of Michael J. McConnell – offer free consultations to injured workers.

Free consultations come with zero strings attached, which means you can have your case evaluated by an attorney and then decide whether hiring a lawyer is the right move for you.

Additionally, it typically costs nothing up front to hire a lawyer and they will only get paid if you get compensation first. The amount they get is essentially set by law and must always be approved by a judge.

Also, the attorney fee amount is usually far less than the typical 1/3rd amount in personal injury cases. So it is important to know that in workers’ compensation the attorney fee is usually 15% or less depending on the circumstances.

Payments for Lost Wages for Fast Food Workers Hurt on the Job in New York

If you get hurt at work at a restaurant or fast food chain, you can get paid for the time that you miss from work.

You will generally need a doctor to say you are disabled. Once you are disabled more than seven calendar days from work, you may be eligible for temporary disability payments.

These temporary disability payments can be up to two-thirds of your average weekly wage (AWW). Your AWW is based on your gross earnings rather than just your take-home pay.

There are also minimum and maximum benefit rates set by law that can apply. As of January 1st, 2025, the minimum weekly benefit rate is $325.

Medical Treatment is Free for Injured Workers with an Established Claim

Medical expenses for established or accepted injuries are covered at zero cost to the injured worker in New York. The insurance company handling the claim is responsible for payment.

This means that injured fast-food workers don’t need to pay a single penny for necessary medical care. No copays or out-of-pocket expenses.

Here are some examples of covered medical treatment for workers’ compensation:

  • Doctor’s visits
  • Chiropractor visits
  • Physical therapy
  • Prescription medication
  • Injections
  • Surgery
  • Licensed Clinical Social Worker (LCSW)

Compensation for Permanent Injuries for Food Service Employees

If the work-related injury results in permanent impairment, an injured worker can get money for that as well. The amount of compensation for permanent impairment is set by the Workers’ Compensation Law. Injuries to certain body parts like the extremities (shoulders, hands, feet, etc.) can be eligible for a Schedule Loss of Use Award (SLU) if there is a permanent loss of function. This award is typically paid in a lump sum, though it does take credit for prior temporary disability payments.

How Does an Injured Worker Get a SLU Award?

This SLU award is determined by a judge with the Workers’ Compensation Board in reliance on the medical evidence provided in support of the SLU.

Sometimes the SLU determination requires litigation when the insurance company tries to discredit your doctor’s SLU assessment. Things like depositions and strong legal arguments can be important to getting fairly compensated for a SLU.

Permanent Partial and Permanent Total Disability

For other body parts including the back, neck, and head, an injured worker could be eligible for permanent partial (PPD) or permanent total disability benefits (PTD).

To get these benefits the injury must be permanent and result in a loss of wage earning capacity.

PPD is more common than PTD because most of these types of permanent injuries are partial rather than total. PTD is typically reserved for the most catastrophic of workplace injuries that leave someone completely unable to work. Unlike the lump sum payment common for SLU, these PPD and PTD benefits are generally paid over a specified period of time set by law and at a certain rate based on the percentage of loss of wage earning capacity.

Conclusion: Food Service Employees Deserve Fair Compensation for Workplace Injuries

Employees within the food and dining industry have some of the most demanding jobs. When these workers get hurt at work, they should know that they may be eligible for compensation in New York.

The goal of every case should be to get the worker the maximum amount of compensation they are owed. There are critical deadlines in New York for reporting an injury and filing a claim. There are also plenty of hoops the insurance company might make an injured worker jump through, and sometimes these massive corporations will not treat people fairly. Employees hurt at work in New York have a right to counsel to pursue fair compensation for their accident.

Contact the Law Office of Michael J. McConnell for a free case evaluation.

Michael J. McConnell is Westchester County workers’ compensation lawyer serving Yonkers, the Bronx, Manhattan, and the rest of New York State. His office is located in Ardsley, NY and has plenty of free parking on site.

Attorney Advertising. Disclaimer: This website and its contents may be considered attorney advertising under the rules of certain jurisdictions. Prior results do not guarantee a similar outcome. The information and materials offered on this site, including any blog posts, are for general informational purposes only. They do not constitute and should not be considered to be legal advice. They are presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. No one should, or is entitled to, rely in any manner on the information from this site. Parties seeking advice should consult with legal counsel familiar with their particular circumstances. Links within this website may lead to other websites, including those operated and maintained by third parties. Those links are included as a convenience to the reader and the presence of any link does not imply a responsibility for the linked site, an endorsement of that site, or its operator or contents. Contacting the Law Office of Michael J. McConnell does not automatically create an attorney-client relationship. Reproduction, distribution, or republication of the website’s content is prohibited without prior written permission, except for personal, non-commercial use.