Kitchens can be dangerous work environments. As part of the job you would expect to cut yourself on knives or splash hot oil when using cooking equipment. Most trained chefs learn to deal with these incidents and know the appropriate safety precautions to use.
As an employee though, you have a duty of care to be responsible for your own safety in a professional kitchen.
You should make sure you attend relevant training, familiarise yourself with the company’s health and safety policies, carry out proper risk assessments where asked and familiarise yourself with kitchen policies.
Your employer should provide you with, or reimburse you for, relevant personal protective equipment (PPE), you need to make sure that this is worn at all relevant times. You should also report anything in the kitchen that contravenes health and safety of yourself or others.
If you have knowingly undertaken a risk in the commercial kitchen contrary to instruction, risk assessment or training, you are less likely to make a successful claim. However, there may be circumstances where your employer is primarily at fault, your actions may have played a part in the outcome, but you are not entirely to blame. This is called being contributory negligent.
If you are deemed to have been contributory negligent, you will receive compensation reduced by the percentage amount you have been deemed to have contributed to the accident. For example, if you are found to be 25% at fault then your compensation will be reduced by that amount.
There are many different ways that the workforce can be injured in a commercial kitchen. It's not possible to prevent all accidents, but by minimising the ways in which employees can be injured we can reduce the risk of accidents and claims.
Manual handling, knife injuries, burns, slips or fire and electrical accidents are all common in kitchens. To reduce risk you can:
- Changing the layout of the kitchen to avoid unnecessary lifting or awkward stretching. Keep the kitchen well organised and avoid any obstructions
- Use mechanical aids to make tasks easier - using a dishwasher, a veg prep machine or buy in pre-chopped foods
- Put heavy equipment on lockable castors to make cleaning easier
- Use splash guards to contain spillages
- Use the right cleaning methods and materials for your floor
- Clean up spillages immediately
- Always use a wet floor sign to alert others to the hazard
- Invest in protective equipment such as protective gloves and a butcher’s apron
- There should be a minimum ‘sensible shoe’ policy in force
- Store knives safely after use. Never leave a knife loose and unattended, train staff in safe knife use, use a knife suitable for the task. Keep knives sharp, clean, and damage free
- Ensure all staff receive regular fire training such as how to correctly identify the different types of fires, and how to prevent them, and ensure staff know how to use fire safety equipment correctly
- Install a well-maintained ventilation system to remove steam and grease before it can settle
- Make sure your ventilation system is kept clean. Fat and grease can soon build up and cause a fire.
- Maintain kitchen equipment to stop any leaks of oil, water, or other liquids
- Have all commercial kitchen equipment serviced on a regular basis by a trained professional
It's not only chefs that we can help and support. Other kitchen staff and waiters injured while at work can claim for compensation
Contractors, members of the public and visitors to commercial kitchens or if you consider yourself to be self-employed, you might still be considered as an employee under UK law, giving you the same rights as other workers when it comes to health and safety.
If you’re an agency worker who has suffered a kitchen injury, both the agency you work for and the owners of the business should take responsibility for your safety. They should work together to make sure that precautions are in place to protect you.
Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.
At the start of your claim, we’ll discuss the funding options available, advising you which we think is the most suitable. If you have legal expenses insurance (LEI), or can access support through trade union membership, these may be best for you. Legal expenses insurance is included in many household and car insurance policies, so it’s always worth checking whether you’re already covered.
You’ll normally have three years to make a claim from the date of your accident. However, there are some exceptions to this rule:
- Under 18s – you can claim on behalf of a child who was on an apprenticeship, on work experience or working part-time. No time limits apply in these circumstances until the child turns 18. When the child turns 18 they can make their own claim but the three year time limit will then apply.
-
Mental capacity – you can make a claim on behalf of someone who doesn’t have the ability to do so themselves, including when someone has suffered a serious injury as a result of their accident. No time limits apply in these circumstances.
If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.
Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.
At the start of your claim, we’ll discuss the funding options available, advising you which we think is the most suitable. If you have legal expenses insurance (LEI), or can access support through trade union membership, these may be best for you. Legal expenses insurance is included in many household and car insurance policies, so it’s always worth checking whether you’re already covered.
If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.
Visit our No Win No Fee page for more information on how it works.
We have experienced solicitors based across the country who specialise in helping people to claim compensation after accidents at work. We know the issues that you and your loved ones may be facing, and we can answer all of your questions in plain English.
If you’re worried about taking action against a current employer, because you’re afraid that you might lose your job or be given a bad reference, we can reassure you that laws are in place to protect you. If you’re particularly worried about this, we could put you in touch with our specialist Employment team for detailed and expert advice.
As well as helping you claim compensation, we can also help with your rehabilitation and recovery. If you can’t work because of your injuries, then we can also advise you on benefit entitlement and arrange for the best possible support to help you recover.
Having helped many other clients who’ve suffered from burns, scars and lacerations, we can use our experience to get a positive outcome for you and your family.
Meet the team
