Can You Sue Your Employer for a Slip and Fall?October 31, 2017
Slips and falls in the workplace are unfortunately very common, often leaving employees with substantial pain from a variety of sources – from neck & back injuries to head trauma or other causes, not to mention the medical bills. If you’ve been injured in this type of accident, you probably have many questions about whether or not you should file a lawsuit.
Below you’ll learn more about what happens if you fall at work, when your employer is liable, and how to recover the expenses you’ve incurred.
How Workers’ Compensation Works
After you slip and fall in your workplace, the first course of action is usually to file a workers’ compensation claim. If you’ve injured yourself or become ill while performing your usual job duties, you can simply file a workers’ compensation claim without filing a lawsuit against your employer.
One of the most convenient aspects of filing a workers’ compensation claim is that you do not have to prove that your employer was at fault for your accident. Regardless of whether you or your employer was responsible for your slip or fall, workers’ compensation should cover the damages.
Making Sure You Qualify
To qualify for workers compensation, you’ll need to show that you were injured at your workplace while you were performing duties for your position. Workers’ compensation will also cover you if you were injured while traveling for work or running a work-related errand outside of the office.
There are some scenarios where you may not qualify for workers’ compensation, such as if you were injured from a slip or fall while on your lunch break, or while traveling to or from work. Another key factor in qualifying for workers’ compensation is whether or not you were acting in accordance with company policy. If you were not (i.e. you were drinking while on the job when your accident occurred), you will not be able to receive workers’ compensation.
Finally, you’ll need to file your claim as soon as possible after your injuries. If you wait too long before you file, it can work against you and it may be harder to be fully compensated. When filing, you’ll also need to have sufficient evidence showing that you were injured during a slip or fall while you were performing job-related duties.
Suing Your Employer or a Third Party
If you are approved for workers’ compensation benefits, it may mean you have given up your right to sue your employer. If, however, your employer performed intentional or reckless actions that caused your injuries, you may be able to sue. Just make sure you speak to or visit a Slip and Fall lawyer before filing for workers’ compensation. You can sometimes get a larger settlement through a lawsuit than you would receive from workers’ compensation, so if it’s clear that your employer’s negligence caused your injuries, it could be a good idea to sue.
In addition, you may be able to sue a third party if they were responsible for your injury. For example, if a vendor visiting your office somehow caused your slip or fall, you may be able to sue them.
These cases can be quite complicated, so it’s best to speak with a lawyer before filing your claim. Most consultations are free and a lawyer can tell you more about what you may be entitled to.
If you’ve been injured in a slip or fall at your workplace, contact us for a free consultation or download our personal injury recovery kit and review our article 5 Steps to Building a Successful Slip and Fall Claim.
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