Slip and fall accidents are unfortunately common, and they can happen anyplace, anytime.
Floors wet from mopping and snowmelt, as well as icy parking lots and other common conditions can be serious accidents waiting to happen. Fall-related injuries are often surprisingly serious, oftentimes including complex fractures requiring major surgery. These injuries can cause major suffering and can put you out of work for an extended period of time, while your recovery can cost you a significant amount in medical bills.
So what happens if one of these slip and fall injuries occurs in the workplace? We break down the options you have when it comes to recovering from a slip and fall accident that occurred during the course and scope of employment.
Slip and Fall Injuries at Work: General Information
If you are injured at work, generally speaking you cannot sue your employer or a fellow employee. Instead, your medical expenses and lost wages are determined by the Workers’ Compensation Board, and are paid by your employer’s workers’ compensation carrier.
The workers’ compensation law typically does not afford you remedies beyond expenses and wages, meaning that you cannot recover damages for pain and suffering, or other possible consequential expenses you might incur.
In some circumstances, however, you may be able to obtain compensation from someone who is not your employer or one of your co-workers. This may be feasible if your injury resulted from a condition that was created by someone other than your employer.
If you slip on ice while walking in to work, you might be able to recover from the owner of the property where your office is located. You might also have a claim against a maintenance company hired by your employer if that company’s cleaning staff leaves a puddle of water on the floor. A lawsuit against a company that is not your employer can result in greater damages than are available under workers’ compensation.
Frequently Asked Questions About Slip and Fall Accidents at Work
Workplace slip and fall accident cases can be very complex, and determining where to turn for compensation can be a challenge. Here, we help you figure out what to expect and determine the logical next steps to take if you’ve been seriously injured as the result of a slip and fall accident that occurred while you were working.
What Steps Should I Take Following a Slip and Fall Accident at My Place of Employment?
In order to ensure that your rights are protected, it is in your best interest to report the accident and injury immediately. You should inform your supervisor of the situation and file a worker’s compensation claim as soon as possible following the accident.
By filling out all necessary paperwork thoroughly and documenting the circumstances surrounding the accident, you will give your employer and their insurance company the information necessary to investigate your claim.
What Should I Expect If I Do Choose To Move Forward With a Worker’s Compensation Claim?
Every situation is different, so there is no one size fits all answer to this question. However, you will likely need to follow up with your employer’s workers compensation insurance carrier in order to pursue compensation. This means complying with all required physical evaluations and providing all the paperwork and necessary information needed to investigate and assess your claim. It is in your best interest to cooperate with the insurance carrier if you hope to be eligible for compensation following your injury.
What Does Worker’s Compensation Cover?
Worker’s compensation can cover a variety of things, including hospital and medical expenses incurred while diagnosing and treating your injury, and disability compensation while you are out of work. Keep in mind that worker’s compensation does not compensate you for pain and suffering, and in most cases disability will only cover a portion of your regular wages.
As a result, it may be in your best interest to work with a personal injury attorney in order to determine if there are other parties at fault that should be held accountable for compensating you.
If My Employer and Coworkers Cannot Be Held Accountable for My Injuries, Who Can Be?
As mentioned previously, generally speaking you cannot sue your employer or a fellow employee for an accident that occurred while you were working and left you injured. As a result, depending on the circumstances of the accident, there may be other parties that could be held accountable.
For instance, if you were injured as the result of a faulty product or piece of equipment, the manufacturer could be responsible for providing compensation. If you were injured as the result of a premises defect, the owner or maintenance company responsible for the building where you work could be held accountable.
When it comes to determining who is at fault for the accident that left you injured and who should be responsible for providing you with compensation, it is incredibly beneficial to have an experienced personal injury attorney on your side.
How Can I Avoid Slip and Fall Injuries at Work?
The most important thing you can do to protect yourself is to try to avoid an injury in the first place. If you see a maintenance crew on the premises, take extra caution and be on the lookout for puddles and slick surfaces, even if you don’t see a yellow “Caution: Wet Floor” sign.
After a snowfall, remember that any outdoor surface could be icy, so watch you step and wear appropriate footwear. During the winter, be cognizant of the fact that snow on your boots will melt after you come indoors, creating wet surfaces that could be a danger to you and your co-workers.
Contact the Slip and Fall Attorneys at Maynard, O’Connor, Smith & Catalinotto
If you’re injured at work after slipping on a wet or icy surface, you need competent legal counsel who will work hard to get you the money you deserve. The award winning team of personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto is experienced in handling personal injury cases of all kinds.
Our attorneys have the knowledge and experience necessary to get you the compensation you deserve and have successfully handled past slip and fall cases for clients throughout Upstate NY.
If you’ve experienced a slip and fall injury in the workplace and are interested in seeking compensation, contact us today for a free consultation. Give us a call at (800) 721-3553 or fill out our online form to request your free case review.
Editor’s Note: This content was originally published in 2015 but has been updated as of December 2018.
