Slipping and falling at work can be a harrowing experience. You may feel embarrassed by the incident or frustrated by the road to recovery ahead of you. Seeking compensation, whether through workers’ comp or other means, can give you some peace of mind as you start to move forward.
But do you need an NYC slip-and-fall lawyer to guide you, or can you count on a simple workers’ comp claim instead? The answer depends on the circumstances surrounding your slip and fall at work and a range of other factors.
Common Causes of Slip-and-Fall Accidents at Work
Whether you work an inherently dangerous job like construction or a seemingly innocuous one like finance, there’s always a chance you will become injured at work. Slip-and-fall accidents can happen anywhere. It doesn’t matter who was technically responsible for the accident; if it happened while you were performing your job duties, you likely have the right to file for workers’ compensation.
A wide range of hazards can cause you to slip and fall at work, such as:
- Wet flooring
- Bunched or torn carpeting
- Inadequate lighting in stairwells or other precarious locations
- Broken or defective stairs
- Missing handrails on stairways
Even if you simply tripped and fell over your own two feet, you can likely still seek workers’ compensation.
However, in some cases, if an employer was liable for their employee’s injuries, they may face legal action. You may have the right to sue your employer for more compensation than you could seek through a workers’ comp claim.
While the number of nonfatal work injuries and illnesses across the U.S. decreased slightly in 2023 compared to previous years, the figure is still steep: over 2.5 million. Your employer is responsible for maintaining a safe work environment for you and all employees. If they were responsible for your accident, holding them directly accountable can help prevent future ones.
Your Options for Compensation After a Slip and Fall at Work
The New York Workers’ Compensation Board completed over 169,000 claims in 2023 alone. Filing for workers’ compensation is usually a straightforward option for seeking funds after a workplace accident that leaves you with a financial burden. But it may not be your only choice.
These are the options to consider after a slip and fall at work.
Applying for Workers’ Compensation After Falling at Work
Workers’ compensation is a legal requirement for all employers in New York. The main exceptions are businesses with no employees.
This benefit pays for medical expenses and time off work after accidents that happen within the scope of your job duties. If you were clocked in and you slipped and fell at work, at a client site, or even at a work-sponsored party, you may be able to secure funds through a claim. If you were horsing around or otherwise acting recklessly when the accident happened, you may not qualify.
Before you file for workers’ compensation, talk with an attorney about whether you may have grounds for a lawsuit against your employer. As soon as you accept money through workers’ compensation, you bar yourself from holding your employer directly liable for the accident.
Pursuing a Slip-and-Fall Lawsuit Against Your Employer
If you can prove your employer was liable or negligent in your slip and fall at work, you may be able to pursue funds through a lawsuit. You could seek both economic and non-economic damages. Economic ones may include:
- Lost income
- Loss of future earning capacity
- Medical bills
- Property damage (such as if you were in a covered car accident at work)
Meanwhile, non-economic damages may include:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Mental anguish
These may arise after a particularly serious slip-and-fall accident with significant injuries.
Your employer might be liable if they knew about the hazardous condition that led you to slip and fall but did nothing to fix it. For example, maybe the carpet in the hallway had been torn for some time, yet your employer neglected to fix it. Or perhaps the light in the stairwell had been burnt out for several months.
An attorney can help you collect evidence to show your employer’s negligence and support your case.
Suing a Third Party for the Accident
Perhaps a third party was partially responsible for your slip-and-fall accident. You may be able to pursue workers’ compensation and a third-party claim, seeking additional funds that workers’ comp does not provide.
Examples of potentially liable third parties may include:
- The property owner of a client site you were visiting
- A janitorial company that failed to place a wet floor sign after cleaning your office’s bathrooms
- Another driver who struck your work vehicle
It’s always a good idea to review your case with an attorney and pinpoint all negligent parties before proceeding with any compensation claims.
Do You Need a Lawyer To Pursue Compensation?
Is it necessary to hire an attorney if you just want to file for workers’ compensation? Not necessarily. Many workers’ comp cases are fairly cut and dry. You may not need an attorney’s assistance if:
- Your injuries were minor
- You didn’t need to take more than a week off work to recover
- Your employer is cooperating with the workers’ comp claim
- You know exactly why the accident happened and can’t blame any other parties
However, an attorney can provide valuable assistance if your case is complex or you have any trouble seeking funds. You may especially want to hire legal representation if any of the following are true:
- You think your employer may be liable: Bringing a liability claim against them on your own isn’t a wise idea. An attorney can help you collect evidence to build a strong case first, then present it to your employer’s insurance company while protecting your rights.
- Your injuries are severe: Slip-and-fall accidents sometimes lead to serious injuries like fractures, concussions, soft tissue injuries, and nerve damage. An attorney can help you maximize compensation to fully cover your damages.
- Your employer is not cooperating with the workers’ comp claim: Employers have a responsibility to submit claims promptly and do their part to streamline this process. If yours refuses to acknowledge the claim or is working slowly, an attorney can help.
Schedule a Free Consultation Today
A slip and fall at work can seriously disrupt your life, especially if it leads to significant injuries. Allow our seasoned lawyers at Ross & Hill to help you through the compensation process, whether it’s an insurance claim, a lawsuit, or both.
If we believe your case is straightforward and you shouldn’t need an attorney, we will be up front about it. Contact us today at 646-351-6222 to schedule a free case evaluation, then learn a few common causes of slip-and-fall accidents.
Frequently Asked Questions
What is the leading cause of workplace safety injuries?
According to the National Safety Council, the leading cause of work-related injuries is exposure to harmful environments or substances. Slips, trips, and falls are also common causes.
Are slip-and-fall cases hard to win?
Slip-and-fall cases are not necessarily hard to win as long as you have evidence of negligence. If we believe your case would be difficult to win in court, we may advise you to stick to workers’ compensation instead of legal action.
Will workers’ compensation offer a settlement without a lawyer?
Yes, workers’ comp will offer a settlement whether or not you have a lawyer. However, you may want to hire legal representation for a slip and fall at work if it involves employer liability or other complex circumstances.
