Slip and fall accidents can lead to severe injuries that prevent you from making a living. Being out of work and without an income can be frustrating and worrying. After all, you still have to pay your bills, keep a roof over your head, and take care of your family. The good news is that you can generally pursue damages for lost income when injured in a slip and fall. However, getting what you truly deserve can be a challenge.
Morgan & Morgan understands that losing your income while dealing with injuries can derail your entire life. However, you are not alone. Our dedicated slip and fall lawyers want to help you get maximum compensation in the fastest possible time. Get started today and contact us for a free, no-obligation case review.
Understanding Slip and Fall Accidents
Slip and fall accidents occur when individuals slip or trip and fall on someone else’s property. They can happen in various settings, such as grocery stores, restaurants, workplaces, and even public sidewalks.
According to the Centers for Disease Control and Prevention (CDC), 18 percent of work-related injuries causing employees to miss work occurred due to slips, trips, and falls in 2020. Falls can result in a wide range of injuries, including broken bones, sprains, and head injuries.
Common Hazards Causing Slips and Falls
Common dangers responsible for slip and fall accidents include:
- Wet and slippery floors
- Icy sidewalks
- Cluttered or obstructed walkways
- Poor lighting
- Broken or uneven flooring
- Loose mats
If you or a loved one got hurt in a slip and fall, you could be entitled to lost wages and other damages and should get legal advice from a slip and fall lawyer as soon as possible.
Factors Determining Whether You Qualify for Lost Wages
Slip and fall accidents can be costly, both in terms of physical injuries and financial losses. Whether you can receive damages for lost wages depends on several factors, including:
Extent of Injuries
The severity of your fall injuries will play a significant role in determining whether you qualify for lost income. If your injuries are minor and you can return to work quickly, you may not be able to recover much in lost earnings. However, if your injuries are severe or life-changing and require extensive medical treatment, you could recover significant compensation for lost wages.
Proving Liability
Liability refers to who is responsible for your slip and fall accident damages. If the property or business owner failed to remove or warn of the hazardous condition leading to your fall, they might be liable. For example, if you slipped and fell on a wet floor in a grocery store, you may be able to establish liability if you prove that store employees failed to clean up the spill in a reasonable amount of time or failed to warn of the hazard.
Employment Status
Your employment status may also affect whether you can receive damages for lost wages in a slip and fall claim. If you are an hourly or salaried employee, you could recover the wages you lost during your recovery period. However, proving lost income can be challenging if you are self-employed or an independent contractor. Working with a dedicated slip and fall lawyer can be beneficial whether you are employed or self-employed.
Documentation
Meticulously documenting your lost earnings can be critical for recovering what you deserve. Keep detailed records of the hours you missed, your hourly or daily rate of pay, and any other work-related financial losses you suffered due to your injuries.
Damage Mitigation
Victims generally must mitigate their damages, which means taking reasonable steps to minimize the income they lose. For example, if your doctor clears you to return to work with certain restrictions, you must follow your doctor’s orders. Failing to do so could make recovering damages for lost earnings challenging or impossible.
If you recently suffered a fall injury and cannot work, consult a slip and fall lawyer at Morgan & Morgan, who can help you navigate these complex issues.
How to Calculate Lost Wages in Slip and Fall Cases
Calculating lost wages in slip and fall claims can be complex. First, you must determine the amount of time you could not work and multiply it by your pre-fall hourly rate or salary. If you are self-employed, you must provide relevant documentation showing your pre-accident earnings, such as invoices or receipts.
In addition to lost wages, you may be entitled to future lost wages if your injuries prevent you from returning to work or if you cannot earn the same amount of money as before the accident. Calculating future lost wages can be complex. For example, you may need to include potential future pay raises and promotions that may have occurred had you not suffered an injury preventing you from working.
Knowing the Full Value of Your Lost Wages Claim
If you slipped and fell at work or in a public space, you may be entitled to more than lost wages. Your recovery could also include other forms of compensation that you would have received, such as bonuses or commissions. Depending on your case and your employment situation, you could qualify for additional lost pay and benefits, such as:
- Partial wages if you are unable to work at full capacity
- Health insurance and dental coverage
- Life insurance
- Pension contributions
- Disability insurance
- Bonuses and incentive pay
Attempting to calculate lost wages on your own can be tricky, as most victims do not know the full extent of their losses. Consider hiring an experienced attorney to handle your case and calculate lost wages. Making a fair recovery can be tricky without a slip and fall lawyer who can determine all your losses.