Can I File a Premises Liability Claim if I Slip and Fall at Work?

The National Safety Council states that nearly $70 billion is spent each year on the medical expenses and workers’ compensation for employees who slip and fall at work.

According to a New Mexico premises liability attorney, an injury resulting from another party’s actions can establish a basis for a personal injury lawsuit. This is applicable regardless of whether their actions directly harmed you or their negligence resulted in an injury, as is often the case with premises liability claims.

Workers’ compensation usually covers these injuries, but a premises liability suit might bring you more compensation if negligence is found. But how do you demonstrate negligence?

Here are guidelines you can check to know when to file a premises liability claim after a slip and fall at work, what factors affect your ability to sue, and how a personal injury lawyer can help.

Understanding Premises Liability in the Workplace

Slip-and-fall situations involve establishing employers’ liability. The employer must provide a safe environment for employees.

The employer is liable when anyone is injured by dangerous conditions like wet floors, poorly lit areas, or uneven surfaces. You should also advocate for your colleagues to ensure that the work environment is safe for everyone.

If you are injured due to premises liability, having this knowledge permits you to obtain justice. It is a matter not just about you but about creating a safe place where all feel respected and protected.

Workers’ Compensation vs. Premises Liability Claims

You may doubt whether to file for workers’ compensation or a claim for premises liability after a slip-and-fall accident at work.

Workers’ compensation applies to those injured at work, with or without fault. Thus, you can obtain benefits for medical expenses and lost wages without proving that anyone was negligent.

According to spinal cord injury lawyer Christa Sumwalt, workers’ compensation insurance is meant to help pay for the medical costs of treating all injuries that happen on the job, including spinal cord injury.

In contrast, a premises liability claim requires that the injured party prove that the employer, company, or a third party was negligent, leading to your injury. Although this should allow for much better compensation, in reality, few ever get through because it is difficult and lengthy.

Knowing your circumstances will help you know the way to approach so that you can be assisted rightly during this difficult time, along with your fellow workers.

Key Factors Influencing Claim Eligibility

There are a variety of issues that may affect your claim for premises liability after a workplace accident.

• Consider the predictability of the accident and whether your employer knew about it. If they ignored a known risk, your case may be stronger.
• Consider the nature of your job. Some jobs carry different legal protections. Following that is the timing. Making the injury report immediately can only bolster your claim.
• The extent of your injuries will usually determine the validity of your claim.

In understanding what goes into this, you could ease your way through the situation while feeling a connection to others who faced similar challenges.

Steps to Take After a Slip and Fall Incident

If you have a slip and fall accident, you must act quickly regarding your health and any claims.

1. Assess the health situation and seek medical care if there’s any injury.
2. Let your supervisor or HR know of the incident on time, thus solidifying a record and letting people know that you care about it.
3. Contrast pictures of the scene with witness statements. Witness statements could prove invaluable later on. Keep notes regarding your symptoms, the injury, and treatment.
4. Keep in touch with fellow workers for support: sharing an experience should help ease some feelings of isolation.

Above all, put yourself first. If such an incident occurs, they do have to listen to you.

Legal Options and Resources for Employees

Once you address health issues and report slip and fall accidents, you can think about your legal options and remedies as an employee.

You may be entitled to workers’ compensation benefits to pay for medical bills and wage loss, but always check and review the company policies and then seek advice from HR.

If the state of the workplace caused the fall, you likely have a premises liability claim against the employer for negligence. An attorney who handles workplace injury cases will be able to discuss your options and rights.