Compensation Claims for Accidents in Kitchens.

There are around 1.75 million people employed in the hospitality industry, according to 2018 figures from the Office for National Statistics, which represents a sizeable portion of the UK workforce who are exposed to commercial kitchens in their daily working life. The hospitality industry includes businesses such as restaurants, hotels, pubs, fast-food outlets, cafes, and outside catering companies.

Commercial kitchens tend to be fast paced, extremely busy environments, with kitchen staff working under pressure, with heat and sharp implements. Even with the most stringent of safety protocols in place, a commercial kitchen can be an extremely hazardous environment as they are usually quite confined spaces with lots of people moving about in a hurry.

As with all workplaces, it is the responsibility of the employer to ensure that the commercial kitchen is as safe as possible. This typically involves having health and safety policies and procedures in place, carrying out regular risk assessments, and providing adequate training and supervision for all staff who use the kitchen.

The kind of injuries sustained in a commercial kitchen accident can range from mild, such as small cuts and superficial sprains, to severe, such as burns, lacerations, and fractures. Some workers can also suffer from repetitive stress injuries, such as carpal tunnel syndrome, tennis elbow, and back pain caused by moving a certain part of the body in the same way repeatedly over a period of time.

Some of the most common industrial kitchen injuries include:

• Burns – Workers in a commercial kitchen are exposed to a number of heat sources, such as grills, griddles, ovens, and hobs, all of which have the potential to cause a burn injury. Commercial kitchens often use industrial grade cleaning products too which could cause a chemical burn if they’re not used as intended.
• Scalds – A scald is a burn caused by exposure to hot liquids and steam. In a commercial kitchen it is common to have one or more deep fat fryers running, as well as pans of boiling water. Many kitchens also use microwaves to heat food, which can produce hot steam that could pose a risk.
• Cuts – There are a number of ways in which a worker could sustain a cut in a commercial kitchen, with the most obvious answer being from a sharp knife. Other sharp objects, broken glass, and even a hot pan can also cause a cut. This type of wound can range from minor to serious depending on how deep the cut is, and whether or not it gets infected.
• Fractures – Some of the equipment in a commercial kitchen can be heavy, such as the large pots and pans that are often used, and if heavy equipment falls onto a worker it can cause broken bones and fractures.
• Slips, trips, and falls – These are some of the most common kinds of accidents in a commercial kitchen. A slip could happen if a spill is not wiped up, if the floor is wet but has not been signposted to advise workers, or if the floor is not cleaned regularly and grease has built up. A trip could occur if objects are left in the way, such as empty containers that haven’t been taken to the bin, or cleaning equipment that hasn’t been put away.
• Psychological injuries – After a serious accident, many people can suffer from psychological injuries such as depression, anxiety, or post-traumatic stress disorder (PTSD), which can affect their ability to return to work and carry out their daily activities.

If you have been involved in any kind of commercial kitchen accident, whether it is listed above or not, you may be entitled to claim compensation. If the accident occurred due to somebody else’s negligence we can help you. Likewise, if you have sadly lost a loved one in an industrial kitchen accident, we can help you to claim compensation on their behalf. We understand that no amount of money can help to change what happened to you and your family, but we can help ease your financial situation after the accident, alleviating at least some of the stress and worry.

Under the Health and Safety at Work Act 1974 your employer has a legal obligation to ensure that all employees and contractors are able to carry out their jobs in the kitchen as safely as is reasonably possible. Under this duty of care, they must take reasonable steps to ensure that the risk of incidents occurring is minimal.

In a commercial kitchen, this will look something like the following:

• Carrying out regular risk assessments
• Ensuring all staff are adequately trained
• Putting procedures in place to prevent accidents
• Ensuring the kitchen is kept clean and tidy
• Ensuring the kitchen is staffed adequately to cope with demand
• Providing appropriate personal protective equipment (PPE)

This list is not exhaustive as the safety measures will look different in each workplace, but your employer should have a record of the measures that have been taken to ensure your safety. Don’t be afraid to question your employer about the health and safety procedures that govern the kitchen in which you work.

No matter what kind of commercial kitchen environment you work in, your employer owes you a duty of care to ensure that you are able to carry out your role as safely as possible. Any breach in this duty of care can constitute negligence, and if this negligence leads to an accident occurring, your employer can be held liable.

Some of the ways in which your employer’s negligence could lead to an accident include:

• Failure to provide adequate PPE and safety equipment
• Failure to adequately train staff to use kitchen equipment
• Failure to ensure kitchen equipment is maintained in good working order
• Failure to carry out regular risk assessments
• Failure to put adequate safety measures in place
• Failure to implement and enforce a cleaning schedule

This list is by no means exhaustive, and if you have been injured in a commercial kitchen accident caused by any kind of negligent actions taken by your employer or a co-worker, you may be able to claim compensation.

In order for your case to be successful, we must be able to prove beyond reasonable doubt that your employer was negligent in their duty of care to you. In order to do this, we will need to build a portfolio of evidence, including:

• Photo and/or video evidence taken from the scene of the accident
• Photos of your injuries
• Medical records detailing your injuries
• A copy of the report in the company’s accident book
• A copy of the report sent to RIDDOR where applicable
• Written reports from any witnesses to the accident

Once we have gathered all of the relevant evidence, we can put together a strong case to prove that negligence caused your injuries, and we can work towards achieving the maximum amount of compensation available to you. Your employer should have liability insurance in place which will cover the compensation pay-out, so they won’t be directly financially impacted by the claim, which can be a concern for some employees and can deter some people from taking legal action.