Slip and Fall Accidents and Workplace Injuries: How Bad is It?

What to do After a Fall?

First, get medical attention, see an experienced workers’ comp doctor so that you can obtain documentation about the injury.

Second, if it’s a work-related accident, report the incident within 30 days, make sure your employer logs a written report.

For slip and fall accidents, you have up to 3 years after the incident to file a lawsuit claim if needed.

Third, document everything you remember, take photos, and talk to witnesses. The more information you have, the easier it’ll be to make a claim.

Fourth, talk to an experienced attorney. Don’t talk too much about the incident until you have one.

Finally, don’t post on social media. You want to ensure you don’t say something that could get your claim thrown out the window.

Proving Negligence

To get coverage, you need to prove your company is at fault.

There are two ways you can find fault:

• If they failed to remove, repair, or notify others about a dangerous condition. For example, potholes or uneven sidewalks. It needs to be seen as a reasonable hazard.
• If it’s the fault of the company (employee or employer/owner). If they did something they knew would be dangerous and did nothing to fix it within a certain time frame.

It needs to be determined if enough time has lapsed that the issue should have been taken care of already.

• Did the company (employee/owner) have enough time to remove the hazard?
• If there was a reason for the hazard, was it still reasonable to be in place during the incident?
• Was there some way that the accident could have been prevented even with the hazard in place? For example, putting up warning signs or blocking off the area.
• Was there adequate lighting when the fall happened? Could you see the potential hazard?

Proving You're Not at Fault

The next step is to prove you’re not the one at fault. Here are a few reasons you may be found to be negligent:

• Doing something that distracted you from seeing the hazard (e.g. texting, talking on the phone).
• Were you supposed to be in the area where the incident happened? If not, was there reasonable justification for you to be there?
• If warning signs and safety measures were put into place, did you ignore them?

How Much Is the Payout?

The payout can differ based on the severity of the injury and how much at fault the company is.

The payout is based on how the incident impacts your day-to-day life and your ability to work. It’ll factor in your future medical costs and wages.

Moreover, worker’s compensation will play a significant role in how much you’ll receive — review New York State’s Workers’ Compensation Board for full details or check our Workers’ Compensation Made Simple Guide.

Slip and Fall Accidents Are No Laughing Matter

Slip and fall accidents happen frequently. It would be great if you could always avoid them, but that isn’t always the case. If it does happen, you’ll benefit greatly if you’re prepared.

Review our blog to learn how to prevent injuries if you have a desk job.

If you had a slip-and-fall accident and need help finding an experienced injury doctor, call 1-800-897-8440 today.