Slip-and-fall injuries can significantly impact one’s health and career. Depending on the severity, these injuries may be costly to treat and lead to long-lasting disability. Those affected by a slip-and-fall accident at work in New York generally qualify for legal protections like workers’ compensation if the incident occurs on a job site.
Working with a qualified slip-and-fall attorney in NYC may improve the compensation an accident victim qualifies for and reduce the stress of the claims process. Those involved in a slip-and-fall accident should consult an NYC injury attorney as soon as possible after the incident.
According to the Bureau of Labor Statistics, slips and falls resulted in 450,540 workplace injuries and 856 deaths in 2022, making up a significant portion of all workers’ compensation claims. A 2022-2023 OSHA report highlighted that 17% of workplace injuries were slips and falls, second only to equipment compression accidents.
Because slip-and-fall incidents are so prevalent, they account for approximately $70 billion of the U.S.’s medical expenses each year, as reported by the CDC.
When To Call an Attorney After a Slip-and-Fall Accident
Slip-and-fall injuries can happen to anyone at any time and cause major disruptions. When they occur in the workplace, many want to handle the insurance claims or workers’ compensation process and forego legal support, which can be detrimental. Working with an attorney familiar with the New York slip-and-fall laws can make gaining fair compensation easier.
So, when should you consult a lawyer, and what are the advantages of doing so?
In the aftermath of an accident, it is vital to contact a New York City slip-and-fall lawyer as soon as possible. Accident victims should prioritize medical attention and contact a qualified attorney for assistance with the claims and insurance negotiation processes. The sooner you act in the situation, the better chance you have of preserving and documenting valuable evidence to strengthen your case.
While it is possible to submit these claims without an attorney, their legal advice can streamline the process and make it harder for insurance companies to take advantage of the injured party. Victims should not speak directly with an insurance adjuster, as they may use any recorded statement to justify lower offers or deny claims.
From Insurance Claims and Workers’ Compensation to Personal Injury Lawsuits
In New York, those injured in the workplace typically qualify for workers’ compensation. This compensation covers medical expenses and some lost wages but may not be adequate for severe injuries. It also does not cover damages such as pain and suffering or household modifications due to long-term disability. The same applies to insurance claims filed for public injuries outside the workplace.
However, if the accident occurred because of the negligence of an employer, store owner, or other third party, it may be possible to pursue a personal injury lawsuit.
Negligence can look like:
- Unsafe conditions due to improper maintenance on the part of a property owner (often, uneven flooring or improper cleaning of spills is the culprit here)
- Manufacturers allowing defective equipment to reach workplaces
- Contractors or subcontractors violating OSHA safety guidelines or behaving otherwise recklessly
To pursue a lawsuit, the victim’s legal team must use these pieces of evidence to prove that the establishment or workplace violated their duty of care to the affected party. There are several elements involved in the idea of duty of care:
First, the defendant must have owed the victim a duty of reasonable safety and security. They must have then breached this duty by knowingly failing to rectify a hazardous situation, which directly caused the slip and fall. Finally, the incident must have resulted in damages such as medical bills or lost wages.
An attorney will calculate these damages by uncovering the full extent of medical bills, pain and suffering, and other unexpected costs.
New York personal injury attorneys are keenly familiar with these requirements and the safety regulations for workplaces and public spaces. These professionals can efficiently prove premises liability and reduce victims’ stress after an injury.
The Advantages of Working With a Lawyer
To pursue these lawsuits, working with a personal injury lawyer in New York is essential. These experienced professionals can assist accident victims in key areas such as gathering key evidence. An NYC trip-and-fall attorney may use any of the following to support claims and file a lawsuit:
- Photos or surveillance videos of the accident and any hazardous conditions leading up to it
- Statements from witnesses
- Medical records and a victim’s ongoing adherence to recommended treatment plans
- Any damaged personal property related to the accident
The evidence an attorney gathers will help prove the extent of the victim’s injuries and solidify an establishment’s liability. These lawyers can also advocate for their clients in settlement negotiations, which makes it harder for insurance companies to take advantage of fall victims and tends to lead to higher compensation. Insurance companies may otherwise extend lowball offers in an attempt to minimize their payout.
Claims filed with an attorney’s support demonstrate that the victim takes the situation seriously, increasing the chances of a fair outcome. If the case cannot be settled, the attorney will represent the accident victim in court, although it is rare that a hearing is necessary for these cases.
The aftermath of a personal injury can be stressful enough without attempting to navigate the legal system alone. Victims of a slip-and-fall incident can reduce their personal burden and ensure they are diligently represented by hiring a competent personal injury lawyer.
Overall, an NY personal injury attorney makes it easier for victims to seek appropriate compensation and file a lawsuit when necessary, in addition to workers’ compensation or insurance claims.
Consult Ross & Hill Personal Injury Lawyers
Ross & Hill can help injured parties receive compensation after a slip-and-fall accident in a public space. Accident victims can rely on our experienced legal team to assist them during the claims filing process, settlement negotiations, and even at trial if necessary.
Slips and falls can have serious consequences and may include broken bones or traumatic brain injuries that profoundly alter your life, so it is vital to work with lawyers you can trust to advocate for you to seek the appropriate compensation. It is crucial to act quickly after an accident to avoid misplacing evidence or losing rights due to the expiry of the statute of limitations.
Call 646-351-6222 to schedule a consultation today.
FAQ About Slip-and-Fall Injuries
Recovering from a personal injury can be a confusing time, so Ross & Hill Personal Injury Lawyers answers some common questions about slip-and-fall accidents in public spaces and workplaces.
When Is My Employer Liable for a Slip-and-Fall Injury?
Your employer is liable for your slip-and-fall injury if their negligence created the unsafe conditions that directly caused your injury and the resulting damages. The same applies to slip-and-fall accidents in public spaces.
What Is a Duty of Care?
A duty of care refers to the responsibility of an establishment or workplace to provide safe conditions for those who enter. In slip-and-fall cases, one must prove that this duty applies, that the establishment violated it, and that this directly caused an accident, resulting in damages such as medical bills.
Do I Need a Lawyer After a Slip and Fall at Work?
You’ll generally want to work with a lawyer after a slip and fall at work to solidify your workers’ compensation claim and supporting documents and to pursue a lawsuit for additional damages if necessary.
