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Slip and Fall Accident Lawyers
Workplaces are dangerous, and slips and falls are far more common than you might think. If you experience this type of accident while on the clock, you may be owed compensation for your medical bills and a portion of your wages while you recover.
Kanner & Pintaluga, which operates in 18 states, understands how stressful slip and fall injuries can be for workers and their families. We also know how frustrating it can be when your employer or an insurer tries to deny your claim. Our team has the resources and know-how to fully investigate your situation and aggressively advocate for you during negotiations or an appeal.
Learn more about this type of workplace injury, who is liable in a slip and fall accident, and why you need legal assistance below.
If you’ve been injured on the job and aren’t being treated fairly, arrange a free consultation with a slip and fall accident lawyer at 800-586-5555.
What Counts as a Slip and Fall Accident?
Slip and fall accidents occur when someone slips (or trips) and falls on someone else’s property, usually resulting in an injury. They often happen in the workplace.
A slip and fall injury can be a type of premises liability claim. This is a category of personal injury law that holds a property owner responsible for any damages that occur due to an injury on their premises.
When Premises Liability Applies
Premises liability doesn’t apply to every slip and fall accident. For someone to successfully pursue a claim, the property owner must have failed to take reasonable steps to keep their premises safe, meaning they were negligent in their duties.
In the context of workplace slip and fall injuries, an employer may face consequences as a result of a premises liability claim, such as higher workers’ comp premiums and lost productivity. That’s why some employers dispute these claims and don’t want to bear the cost of long-term disability payments, wage replacement, and rehabilitation. This can seriously impact workers who need to replace lost wages and cover medical expenses after accidents that weren’t their fault.
While some employers do honor premises liability claims and support workers who need time off to recover, others fall short. Often, they face pressure from insurance companies trying to minimize the amount they have to pay.
Kanner & Pintaluga has extensive experience in dealing with difficult employers and insurers after a slip and fall. Contact us for a free consultation, and let us get you and your family the compensation you deserve.
Why Slip and Fall Accidents Happen
Slip and fall accidents in the workplace almost always occur because of unsafe conditions. These can cause serious injuries, so employers must maintain a safe environment at all times.
Hazard Types and Common Locations
Frequent causes of slip and fall accidents include:
- Wet floors
- Uneven surfaces
- Liquid spills
- Poor lighting
- Broken handrails
- Lack of visible warning signs and other safety code violations
- Inadequate inspections and cleanup
- Weather conditions (ice, rain, snow, etc.)
Slip and fall accidents may be more common in specific locations. For example, high-pressure work environments, such as hospital emergency rooms, could have wet floors, cluttered walkways, and other hazards.
Other locations where slips and falls might occur include:
- Construction sites: Construction workers are at a high risk of falling due to scattered tools, unsecured materials, and uneven surfaces at elevated heights.
- Retail environments: Employees in the retail sector face risks from spills, recently mopped floors, and cluttered aisles. This may lead to a slip and fall accident that prevents someone from returning to work.
- Hotels and restaurants: The hospitality sector sees more than its fair share of slips and falls due to wet floors, kitchen spills, and fast-paced work environments.
Production plants and warehouses: Employees in the manufacturing industry may slip on oil or other liquids or trip over equipment.
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How to Prove Negligence
If your slip and fall accident was the fault of your employer, you’re usually entitled to workers’ compensation coverage and benefits. However, your employer and their insurance provider may try to make the premises liability claim process difficult, which is why you need to prove negligence. Here’s how to do it:
Notices, Inspection Records, and Evidence
- Find out whether your employer actively knew about the hazard that caused your accident (known as actual notice) or should have known about the hazard (constructive notice).
- Get copies of safety inspection and cleanup logs from your employer. A reputable slip and fall accident lawyer can do this for you during the claims process.
- Collect footage from any security cameras that recorded your accident.
- Preserve the shoes you had on at the time of your accident. This can prevent your employer from blaming you for wearing inappropriate footwear that caused a slip and fall.
Incident Reports and Witness Statements
- File an official incident report with your employer as soon as possible. With the help of a trip and fall attorney, try to obtain copies of any incident reports from other employees who suffered a slip and fall at your workplace.
- Collect statements from any people who witnessed your accident.
At Kanner & Pintaluga, we’ve helped hundreds of workers across the country secure the compensation they deserve from their employers. Our workers’ comp attorneys will build a compelling case with extensive evidence to increase your chances of a successful outcome.
Injuries Often Seen in Slip and Fall Cases
While many are quick to dismiss slips and falls, the truth is that they can have serious consequences. For instance, a single fall can lead to substantial head trauma or debilitating spinal damage that could jeopardize your ability to move freely and earn a living.
Other common injuries from a slip and fall include:
- Broken bones and fractures
- Sprains and strains
- Back injuries
- Neck dislocations and other injuries
- Hip, wrist, and knee injuries
Diagnosis, Treatment, and Causation
If you’ve experienced a slip and fall at work, it’s important to seek medical attention immediately — even if your injuries don’t seem that bad. Your medical record can serve as a crucial document that supports your claim for workers’ comp and other benefits.
After a slip and fall, a doctor may take an X-ray, MRI, or other imaging scan to diagnose your injuries and determine the best course of treatment. Depending on the severity of your accident, they might prescribe medication, recommend physical therapy, or, in extreme cases, suggest surgery.
It’s essential to tell your doctor how your slip and fall occurred, so they can accurately assess your injuries and properly document the incident. This will help link the cause of the accident to your injuries, providing evidence when pursuing a claim for workers’ comp.
Damages and Settlement Factors
Workers’ compensation may cover some or all of the medical bills resulting from an eligible occupational accident and potentially the cost of training and job placement services if your injuries prevent you from resuming your current duties.
The exact amount you receive, how long you receive it, and whether any settlement limits apply will depend on various factors, including the seriousness of your injuries. Slip and fall accidents that cause temporary or permanent disability may lead to higher payments for a longer period, although this isn’t always the case. Sometimes, employers and insurers may argue that you were partly responsible for your slip and fall, which is a common defense tactic in premises liability cases known as comparative negligence.
Compensation for pain and suffering typically isn’t included in a standard workers’ comp package, but it could be available through a third-party claim. Also, if a party other than your employer caused your workplace injury, you may be able to pursue a separate claim against them in addition to your workers’ comp benefits.
Ultimately, it depends on where you work. Different states have different rules regarding compensation coverage, eligibility, and slip and fall settlement amounts and factors. For example, workers’ comp in Florida covers medical bills but not the entirety of lost wages. The state only requires companies to reimburse up to two-thirds of someone’s pre-injury weekly salary up to a weekly maximum, which changes frequently.
Kanner & Pintaluga has attorney teams in 18 states, helping you navigate damages and settlement factors that result from a slip and fall injury no matter where it occurs.. We can also help you gather evidence that strengthens your claim.
What To Do After a Slip and Fall
After reporting the incident and gathering evidence, it’s important not to give a recorded statement to your employer’s insurance company, as they may use your words against you in the future. Instead, consult with a legal professional who understands slips and falls and their potential impact on your life. Kanner & Pintaluga has a nationwide network of attorneys who have fought for hundreds of thousands of clients in cases similar to yours.
Our workers’ compensation attorneys are dedicated to maximizing your compensation. We can advocate on your behalf in negotiations and litigation, increasing your chances of securing maximum compensation.
Call 800-586-5555 to schedule a free case consultation with a skilled slip and fall accident lawyer today.
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