It’s not uncommon to encounter an injury while at the workplace. Also known as a trip and fall, a ‘slip and fall’ is the term used for an accident where a person slips on another’s property and suffers an injury as a result. It is one of the most common ways to get injured and can occur anywhere; in a shop, place of worship, personal home, etc.
A slip and fall usually cause one out of four injuries that occur in the workplace. According to the Federal Bureau of Labor Statistics, more than 800 workers have been killed in fatal work injuries annually since 2001. The common causes for slips and falls in the workplace include uneven surfaces, loose floorboards or rugs, spilled liquids, poor lighting, holes in the floor, broken stairs, cables stretched across the floor, unexpected elevator stops, unsecured or poorly secured ladders, etc.
As employers are duty-bound to protect their employees from hazards and ensure that the work environment is safe for the employees, they are usually held liable for injuries of the workers. As such, if you slip and fall in the workplace, your first instinct might be to file a lawsuit against your employer for causing an injury. However, the process is not that simple. The likelihood that you will only be allowed to file a Workers’ Comp Claim instead of filing a personal injury lawsuit against your employer is high.
When Do You File a Workers’ Comp Claim?
To protect the employer and the workers’ interests, most organizations have Workers’ Compensation Insurance to which workers can file a comp claim.
Filing a Workers’ Comp Claim is usually applicable when:
- The accident occurred while you were working or on the premises of your workplace.
- You weren’t intoxicated or under the influence of drugs when the accident occurred.
- A doctor approved by the company treated you, and you followed the agreed treatment plan.
- Your employer was notified.
- You filed your claim within 60 days of the injury.
If you get injured by a slip and fall accident, you can speak to a Personal Injury Lawyer in Maryland to file a Workers’ Compensation Claim. If this is approved, you can get access to medical care paid for by the insurance and get paid damages. If your claim is rejected, a Personal Injury Lawyer can appeal your claim and negotiate for you to get the appropriate compensation. In the case that this is still denied, a lawsuit could be filed against your employer.
When Do You File a Personal Injury Lawsuit?
In some very rare situations, you may be able to file a personal injury lawsuit against your employer. If your slip and fall accident did not occur while doing your job, you might be able to sue your employer. Also, if your employer does not have a Workers’ Compensation Insurance policy, then you may be able to contact a personal injury lawyer to file a lawsuit.
To file a personal injury lawsuit against your employer, you need to prove that:
- Your employer created the condition for the slip and fall.
- Your employer knew that the condition existed and was negligent about fixing it.
- That a third party was not responsible for the accident.
- Your employer’s negligence caused your injuries.
- The injuries weren’t the result of doing your job.
What Compensation Can I Get If I Sue My Employer?
If you are suing your employer because their negligence caused your slip and fall or because your employers do not have a workers’ insurance policy, you can demand certain compensations. You can request medical costs, pain, and suffering, rehabilitation costs such as physical and mental therapy, lost income because of time spent recovering, permanent damage (in the case of the loss of a limb), etc.
You can also demand that your wages be paid for the time you spent getting treated and recovering from the injury. To do this, you must ensure that you build a strong injury claim so that you can beat the insurance company at their game.
It is important to note that you cannot sue your employer and still get workers’ compensation benefits from the Workers’ Compensation Insurance.
Contact the Pinder Plotkin Team Today
Whether you are claiming damages from the Workers’ Compensation Insurance or filing a lawsuit against your employers, you need a professional and experienced lawyer to walk with you every step of the way. Our legal team at Pinder Plotkin LLC can ensure that your chances of getting a successful workers’ compensation claim are increased and that you get adequate compensation for your injury and its effects.