Slip and Falls at Work
Slip and falls at work are one of the most common injuries in the workplace. And if it’s happened to you, you may wonder what comes next.
Do you file a workers’ compensation claim? Can you sue your employer? What if someone else is responsible?
As a personal injury lawyer who handles slip and fall cases along with workers’ comp, I’ve helped many clients figure this out and get the benefits they need. Here’s what to know.
Workers’ Compensation Is Your First Line of Protection
If you’re an employee and you slip and fall while doing your job, workers’ compensation is usually your first option. Most states, including Tennessee, require employers to carry workers’ comp insurance to cover injuries that happen on the job.
Workers’ comp is a no-fault system, which means you don’t have to prove that anyone was negligent or made a mistake. Even if the accident was partly your fault, you can still qualify. In return, however, you give up the right to sue your employer in most cases.
Workers’ comp may cover:
- Medical bills related to the injury
- Lost wages if you miss work during recovery
- Disability benefits if your injury limits your ability to work
- Vocational rehabilitation if you need to change jobs because of your injury
It usually doesn’t cover pain and suffering or other non-economic damages.
When You Might Be Able to File a Lawsuit
There are situations where you can file a separate personal injury lawsuit, even if you’re already receiving workers’ comp benefits. This usually happens when a third party – someone other than your employer – is at fault.
Here are some examples:
- A property management company failed to fix broken stairs in your office building.
- You were injured while visiting another job site (like a client’s property) where they failed to warn you about a hazard.
- A defective product or piece of equipment caused your fall, which means the manufacturer might be liable.
In these cases, you can pursue a third-party claim for damages in addition to receiving workers’ comp benefits. A lawsuit may allow you to recover things workers’ comp doesn’t cover, like full lost wages, emotional distress, and pain and suffering.
Can You Do Both?
Yes, you can receive workers’ comp and file a lawsuit at the same time, but only when the lawsuit is against a third party, not your employer.
This is called a third-party liability claim.
However, if you win a third-party lawsuit, your employer’s workers’ comp insurance may be entitled to recover some of what it paid you. That’s why it’s critical to work with an experienced attorney who understands how to coordinate both types of claims.
What to Do After a Workplace Slip and Fall
If you’ve been hurt at work in a slip and fall, here’s what you should do right away:
- Report the incident to your supervisor and fill out an accident report.
- Get medical treatment. Even if you think it’s minor, document everything.
- Take photos of the scene if you can, and gather witness contact info.
- Talk to a personal injury lawyer before you sign anything or accept a settlement.
Workers compensation is difficult enough on its own. Your employer or their insurance company will often fight your claim and try to prove it didn’t happen on the job or isn’t as bad as you say it is.
That’s before you get into the question of someone else possibly being at fault. So to get what you need and have the best chance of success, you really should talk with a workers’ comp lawyer.
Let’s Talk About Your Case
Fortunately, our award-winning Memphis team has handled both types of cases for decades. We’ve helped our personal injury clients collect millions in damages – and we can help you, too.
What’s more, we don’t get paid anything unless and until we win your case.
Slip and fall injuries at work can lead to long recovery times, lost income, and even permanent disability. You deserve to know all your options, and not just what the insurance company tells you.
If you’re not sure whether you should file a workers’ comp claim, a lawsuit, or both, let’s talk. I can help you understand your rights and build a plan that gets you the compensation you deserve.
Reach out today for a free consultation. You focus on healing, and we’ll take care of the rest.