Attorney
Work-related slip and fall accidents are a serious concern, with the National Safety Council reporting a staggering 674,100 such incidents in the U.S. during 2021 and 2022. Falls consistently rank among the leading causes of workplace injuries, often resulting in medical treatments, financial burdens, and disruptions to workers’ lives.
Have you ever wondered what steps to take if you sustain injuries in a slip and fall at work? Worker’s compensation insurance should cover your injuries and some of your damages, but receiving benefits isn’t guaranteed. Hiring a competent lawyer can increase the likelihood of a favorable outcome.
What Is a Slip and Fall Accident?
A slip and fall accident occurs when an employee or invited guest slips and falls on someone else’s property and sustains injuries due to the responsible party’s negligence. Typically occurring in retail stores, workplaces, and public spaces, a slip and fall might also happen on private property.
Slip and fall accident claims allow those injured to seek compensation from the responsible party under premises liability rules. State laws governing these cases vary, and you have to follow the statutes of the state where your accident occurred.
Potential Complications
Slip and fall accidents are somewhat tricky because you must prove that the party responsible for the property knew or should have known about a hazardous condition yet failed to address it promptly. These incidents typically require an investigation to uncover the evidence needed to support your claim.
Every state has negligence laws that determine your eligibility to seek compensation if you share blame for causing your accident. In Maryland, Virginia, and D.C., for example, you can’t seek compensation through a personal injury claim if you were even 1% at fault. Worker’s comp slip and fall claims follow different rules.
Other possible complications include government agency involvement and ongoing winter storms. Whether you have a personal injury or worker’s comp claim, Koonz, McKenney, Johnson & DePaolis, LLP, can help.
What Should You Do Immediately After an Injury in the Workplace?
After any kind of workplace accident, including a slip and fall, you should take several steps that safeguard your health and the integrity of your accident claim:
- Assist others injured: If your injuries allow, try to assist others injured in your accident, if applicable.
- Use your phone: Gather photographic evidence at the accident site, including your injuries, anything that contributed to your slip and fall, witnesses present, and any other relevant details.
- Notify your supervisor: Notifying your supervisor can help you get medical attention, and they should make an incident report. This documentation is an important part of your insurance claim.
- Accept or seek medical treatment: A medical professional needs to diagnose your injuries and establish a treatment plan. In addition, the official record they make serves as evidence of your medical condition immediately following your accident.
- Avoid admitting fault: Although worker’s comp policies should cover your slip and fall at work regardless of fault, your employer or their insurer may use any statement you make against you to avoid paying valid claims. In addition, you need to consider claims against other potentially liable parties.
- Contact an experienced lawyer: The circumstances surrounding each workplace accident are unique, and your attorney can help you throughout your worker’s comp or personal injury claims process.
Hiring an attorney may help you get the most out of slip and fall at work settlements because we understand the various laws and how to overcome hurdles that may stand between you and reasonable compensation amounts.
What Is the Employer’s Responsibility When a Worker Is Injured?
Every state besides Texas requires employers to purchase worker’s compensation insurance policies to cover their employees’ work-related injuries or illnesses. These policies should pay the employee’s medical expenses and wages lost during recovery, and they might also cover other qualifying expenses such as permanent disability, vocational rehabilitation, long-term medical costs, and death benefits to eligible survivors.
Employers also have a duty to provide their employees with a safe working environment. When workers sustain injuries due to accidents like slips and falls at work, employers should:
- Report injuries to their insurance carrier and the appropriate Worker’s Comp Board
- Help the injured worker to seek medical assistance or allow them to leave work to seek their own
- Cooperate with insurers and worker’s comp officials
- Allow the injured employee to return to work after recovering from their accident with no penalties
- Uphold various employment laws that protect the employee’s rights
Although laws require worker’s comp coverage, not every employer complies. They might also try to sabotage your worker’s comp claim. For these and similar situations, contact Koonz, McKenney, Johnson & DePaolis, LLP, to request your free consultation.
Can You Sue Your Employer for a Slip and Fall Accident?
In return for accepting a worker’s comp settlement, workers forfeit the opportunity to file a personal injury claim against their employer. In some instances, you might get more compensation through a personal injury claim than via worker’s comp because worker’s comp policies don’t provide compensation for non-economic damages like pain and suffering. Ask your lawyer which option is better for you.
If a third party, like another contractor or equipment manufacturer, is to blame for your slip and fall at work, you may qualify to seek compensation both through a worker’s comp claim and a personal injury claim against that third party. If this applies to you, it is usually better to hire one attorney to handle both claims.
Why Should You Choose Koonz, McKenney, Johnson & DePaolis, LLP, If You Experience a Slip and Fall at Work?
For over 40 years, the personal injury lawyers at Koonz, McKenney, Johnson & DePaolis, LLP, have represented injured individuals in a wide variety of claims. Our dedication, competence, and diligence have allowed us to recover more than $1 billion in recoveries.
Whether you need help with a worker’s comp or personal injury claim after a slip and fall at work, we can help. We understand the financial challenges you are likely facing, so we won’t collect any fees until we recover compensation for you. Contact us at Koonz, McKenney, Johnson & DePaolis, LLP, today.