Slip and Fall Accidents at Work: Know Your Rights

Workplace slips and falls are a serious problem. According to the US Bureau of Labor Statistics (BLS), more than 800 workers died due to falls in 2020 alone. Many more experience catastrophic and life-changing injuries after a severe fall. While any employee can fall at work, those facing higher fall risks work in construction, manufacturing, retail, and warehousing.

Regardless of your line of work, experiencing a significant fall can change your entire life and cause unprecedented physical, emotional, and financial turmoil. However, knowing the best course of action after a slip and fall at work can preserve your legal rights and help to maximize your workers’ compensation benefits.

You do not have to fight for what you deserve on your own. Morgan & Morgan wants you to receive what you need to move forward with your life after a work injury. Our experienced slip and fall lawyers are waiting to hear from you. Contact us today for a free case review. 

Common Causes of Slips and Falls at Work

Falls can happen in any workplace, whether in an office or on a construction site. According to the National Safety Council (NSC),136 workers died in falls on the same level in 2020. Construction workers are at a higher risk for falls from height. Employees often fall due to debris, liquids, or grease, making floors slippery and unsafe. Other causes of falls at work can include:

• Poor lighting
• Torn and bulging carpeting
• Cracked or uneven flooring
• Lack of warning signs for hazards
• Uneven or missing stairs
• Wires and trailing cables  
• Changes in levels

Slips, trips, and falls can result in workers having to spend weeks or even months recovering from broken bones, back injuries, or pulled muscles. In some cases, a severe fall can cause a spinal injury or head injury, leaving a worker permanently disabled. If you or a family member is affected, you could qualify for a slip and fall at work settlement.

Injuries From Workplace Falls

While many falls do not result in significant injuries, the Centers for Disease Control and Prevention (CDC) says that one out of five falls causes a severe injury, such as a broken bone or head injury. Older individuals are particularly affected. Common slip and fall injuries at work can include:

• Broken bones, such as hip, wrist, knee, and ankle fractures
• Head injuries, including traumatic brain injury (TBI)
• Lacerations
• Muscle strains and sprains
• Slipped discs and fractured vertebrae
• Spinal cord injuries 
• Temporary or permanent paralysis
• Neck and shoulder injuries

Slips and falls can cause debilitating injuries and lead to astronomical medical bills, income loss, and other expenses. If you or a loved one experienced severe fall injuries at work, you could be entitled to compensation. Our lawyers could help you navigate the complex workers’ compensation process and secure a slip and fall at work settlement while you can focus on healing.  

Recovering Benefits and Compensation for a Slip and Fall at Work

If you experienced workplace slip and fall injuries, you are most likely eligible for workers’ compensation benefits. However, in some circumstances, you could also file a personal injury lawsuit and receive compensation. 

Filing a Workers’ Compensation Claim

Depending on the extent of your injury and impairment, you could be entitled to the following benefits with a workers’ compensation claim:

• Wage replacement payments
• All medical expenses related to the work injury
• Vocational benefits if you have to change jobs or retrain
• Death benefits (for the surviving family of a deceased worker)

However, getting a claim approved is not always as straightforward as it should be. Workers’ comp claims can be denied for various reasons such as lack of medical evidence, an employer disputing the claim, or the claimant missing an important deadline. Therefore, having an experienced attorney by your side can be advantageous, especially if you have to appeal a claim denial.

Filing a Personal Injury Lawsuit

Self-employed workers, independent contractors, and others can generally not claim workers’ compensation benefits if they get hurt at work. Employees are also ineligible for workers’ compensation when their employer is uninsured.

However, you could still recover a slip and fall at work settlement if another party is responsible for causing your accident and injuries. Examples of work injury lawsuits include:

• An employer caused the slip and fall due to gross negligence
• The employer did not have workers’ compensation
• A third party, such as a property owner or contractor, caused the slip and fall

A personal injury lawsuit can allow victims to recover compensation that is not available in worker’s comp claims, such as awards for loss of life enjoyment, inconvenience, and pain and suffering. Since it can be challenging to determine whether you can sue, consider getting legal advice to help clarify your options.

Uninsured Employers Fund

Workers whose employers are uninsured can be stuck between a rock and a hard place when seeking compensation for their injuries and financial losses. However, many states have uninsured employer funds, which offer benefits to workers ineligible for workers’ compensation. The benefits vary from state to state but can include:

• Partial wage replacement payments
• Medical costs to treat the work injury
• Benefits for the survivors of a worker who died due to the work injury

Can I Sue My Employer for a Workplace Slip and Fall?

In most cases, employees cannot sue an employer if they get injured in a slip and fall at work. However, there can be exceptions. If your employer was grossly negligent in causing your accident or did not have workers’ compensation insurance, you could sue and pursue compensation. You could also file a lawsuit if a negligent third party, such as another contractor on your job site, caused the slip and fall. 

Determining your rights and options after a slip and fall at work can be tricky. Therefore, consider speaking to an experienced personal injury attorney who can analyze your case and inform you of your rights and legal options. 

What Are My Best Steps After a Slip and Fall at Work?

The actions you take immediately after your work accident can determine the success of your workers’ compensation claim or lawsuit. Your best course of action after getting hurt can include:

Immediately Inform Your Employer of Your Injury

Promptly notifying your employer of your accident is critical as your right to workers’ comp benefits can depend on it. After an accident, workers usually fill in a report that includes essential details such as:

• The date and time of the incident
• The cause of the fall
• Details of injuries
• Details of any witnesses 

See a Doctor Promptly 

If you have not already received medical assistance, visit a doctor as soon as possible, even if you only have minor symptoms or feel fine. Delayed symptoms can be common, especially with head or internal injuries. A prompt diagnosis and treatment can be crucial for your recovery. Moreover, getting a medical report can protect your right to compensation. If you wait too long to see a doctor, the insurer may refuse payment, claiming that your injury did not happen at work.

File a Workers’ Compensation Claim

Do not wait for your employer to do the right thing and get proactive after a work accident. After telling your employer about your accident, they should provide you with the forms for filing a workers’ compensation claim. Make sure you get the documents as soon as possible. If you do not file a workers’ comp claim within the deadline in your state, you risk losing the right to benefits.

Get in Touch With a Personal Injury Attorney

Most employees injured at work may not know they need legal advice and wait until their workers’ comp claim is denied or they find out that their employer did not have workers’ comp insurance. However, contacting an attorney immediately can have numerous benefits, especially if you suffer a severe injury. A workers’ compensation attorney can help you with a complicated or denied claim and ensure that all the paperwork is completed correctly and deadlines are observed. 

Moreover, you might have legal recourse against another party that caused your accident, such as another contractor on your job site. An attorney from our firm can identify all potential options for recovery and move forward with filing a claim. The sooner you get legal advice, the sooner you can recover what you deserve after your slip and fall at work. 

Other Important Actions 

While getting medical care and legal advice can be your most important steps when hurt at work, consider the following actions that can protect your right to compensation:

• Take pictures of the accident area and your injuries
• Identify coworkers and other eyewitnesses that were present when you fell
• Retain receipts for any out-of-pocket expenses and medical costs in connection with your injury 

I Slipped and Fell on the Way to Work; Could I Recover Compensation?

Generally, employees on their way to work, whether in a car, on public transport, or on foot, are not covered by workers’ compensation. An exception would be if the fall happened on your employer’s premises, such as the sidewalk or parking lot outside your work. You could then be covered by workers’ compensation even if you have not yet clocked in for work or have already clocked out. 

However, a claim could be complicated if the employer only rents the space and the property owner is responsible for maintaining the sidewalk and parking lot. Since it can be tricky to determine eligibility for workers’ compensation in such circumstances, consider speaking to an attorney to understand your options.

Which Types of Compensation Could I Recover in a Personal Injury Claim? 

If someone other than your employer was responsible for the slip and fall that caused your injuries and damages, you could file a personal injury lawsuit and receive compensation. You may be entitled to the following damages and others:

• Pain and suffering
• Emotional distress
• Loss of wages
• Property damages, such as broken eyeglasses or phone
• Healthcare costs
• Disability
• Loss of enjoyment
• Out-of-pocket expenses

Generally, the more extensive your slip and fall injuries and medical costs, the higher your settlement amount would be. Since there could be several avenues for recovering compensation and benefits after your work injury, ensure to discuss your case with an attorney as soon as possible. First consultations are always free at Morgan & Morgan. 

How Much Does a Slip and Fall Lawyer Cost? 

Attorney’s fees vary from one law firm to another. Most personal injury lawyers work on a contingency basis, meaning you don’t pay unless they recover for you. However, you may be on the hook for legal expenses such as court filing costs and expert witness fees. 

Morgan & Morgan never charges clients out-of-pocket legal expenses or upfront attorney’s fees. We see the devastating impacts of slip and fall injuries daily and know victims often face steep medical bills and other astronomical costs. When we take your case, you don’t have to worry about paying any fees or expenses up front. You only pay if and when we win.

Morgan & Morgan Is Here for You 

Injured workers should not have to struggle to get an adequate slip and fall at work settlement. Unfortunately, the reality can be different. If you are injured at work, recovering from your physical injuries is often just the beginning of a long and potentially frustrating process to get what you deserve. 

However, the good news is that you do not have to battle on your own. Morgan & Morgan can be here for you. Our experienced and motivated attorneys have helped countless injured workers receive the compensation they needed to put their lives back together. Whether you are unable to get the workers’ compensation benefits you deserve or have to file a personal injury lawsuit, we can be here for you. 

Get America’s largest personal injury firm in your corner today. Contact us for a free case review to identify your options for getting compensation.