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Can I Sue My Employer for a Slip and Fall Accident?

If you were injured from a slip and fall accident while at work, then you can file a worker’s compensation claim at your workplace. Most employers have worker’s compensation, which means you will have to file a claim with their worker’s compensation insurance policy. Regardless of who is at fault, you can file a worker’s compensation claim. Slip and fall accidents (also known as: Trip and Fall Accidents) are the most common work-related injury nationwide, so it’s common to see work-related injuries covered under worker’s compensation insurance policies for your employer.

However, if your employer does not have a worker’s compensation insurance policy, then you may be able to file a personal injury lawsuit, even though it was work-related. We recommend consulting with an experienced slip and fall attorney that can help you with your work-related personal injury case.

person walking down wet steps

To answer the question, “Can I Sue My Employer for a Slip and Fall Accident?” Continue reading below to learn more about slip and fall accident information.

How long after a slip and fall can you sue your employer?

If you are filing a worker’s compensation claim for an injury from a slip and fall, the time limits can vary from state to state. In California, you should file your worker’s compensation claim within 30 days (1 month) from the date of injury. In Nevada, you should file your worker’s compensation claim within 90 days (3 months). Failing to file your worker’s compensation claim within these timeframes could prevent you from getting your claim approved, as the time limit has been reached. You should consider filing a worker’s compensation claim immediately if you are seriously injured at work.

If your employer does not have worker’s compensation, then your case can become a personal injury case. The statute of limitations for a personal injury claim to be filed in states such as California and Nevada are two years.

What to do when you slip and fall at work

If you have been injured at work, the first step is to get medically treated for your injuries. You should be able to go to any medical provider within the company’s network, unless it is an emergency, then you should go to the nearest hospital or ER. You should let the doctor know that the injury is work-related.

Once you have been treated, you can file a worker’s compensation claim at your workplace. You will need to fill out a worker’s compensation claim form.

  • In California, the “Workers’ compensation claim” form is known as the DWC 1 form. Your claim will not start unless the DWC 1 form is filled out and submitted. Once submitted, you will be notified if the claim has been approved or not in 14 days.
  • In Nevada, the “Employee’s Claim for Compensation/Report of Initial Treatment” form is known as the C-4 form. Your claim will not start unless the C-4 form is filled out and submitted. Once submitted, you will be notified if the claim has been approved or not in 30 days.

Submit the completed form to your employer and document it when it was given to them. Make sure you have a copy of the submitted form.

How much is a slip and fall accident at work worth?

The value of a person’s injury for a worker’s compensation slip and fall claim can vary from case to case. About half of the worker’s compensation cases are settled under $15,000. While the other half of worker’s compensation settlements are over $15,000, and average around $25,000. Depending on the injuries, how the accident happened, and prove that the accident/injuries/medical conditions developed while at work and on the clock, you may receive benefits.

Construction Worker with Back Injury Pain from Slip and Fall Injury

How long does it take to settle a worker’s compensation claim?

Worker’s compensation claims usually take one to two years to settle from the date the claim was filed. There are many factors that decide how long the claim will last. Some worker’s compensation claims will settle quickly, while other claims will get denied. If your claim is denied, you will have to file an appeal or request a hearing for your worker’s compensation. This will take your worker’s compensation longer and will require an experienced worker’s compensation attorney to help you fight the claim.

Common Slip and Fall Accidents at Work

  • Floor cracks in the ground
  • Freshly waxed floors
  • Ice on the ground (unsalted)
  • Loose rugs or carpets
  • Loos flooring
  • Oil on the floor
  • Parking lot potholes/cracks
  • Railing missing or broken
  • Spilled fluid on the ground (slippery)
  • Wet floor

Common Slip and Fall Injuries at Work

Below is a list of common slip and fall accident injuries that happen at work.

  • Back injury or spinal cord injury
  • Broken Bones / Bone fracture
  • Broken arm
  • Broken leg or ankle
  • Broken teeth (dental injury)
  • Concussion
  • Cuts or scrapes on the body
  • Facial injury
  • Head injury
  • Internal organ injury or internal bleeding
  • Shoulder injury
  • Sprained ankle or wrist

In some extreme slip and fall accidents, you can have a catastrophic injury. If you have severe injuries to your body from a work-related accident, you should seek medical attention immediately.

Slip and Fall Sign on the Floow

How to prevent slips and falls in the workplace

Preventing slip and fall accidents at work may not seem that difficult, but many employers and employees are faced with the unexpected. Slip and fall accidents can be significantly reduced through training and being aware of how these accidents happen. Good housekeeping of the workplace is the number one method to prevent slip and fall (trip and fall) injuries. Some examples include:

  • Mark spills with a wet floor sign immediately
  • If there is a spill, clean it up
  • Keep walkways clear and remove any obstacles
  • Secure down rugs, carpets and mats so nobody trips on them
  • Cables crossing the walkway should be covered
  • Replace burned-out light bulbs and non-operational switches
  • Work areas should have proper lighting and well lit
  • Install no-slip tread on stairs

Talk with a slip and fall lawyer about your accident at work

Since you were injured while on the clock and working, you should get the compensation you deserve. Insurance companies usually will not give you the best outcome. If you need help with your slip and fall accident claim at work or are being denied your claim, you should consult with a worker’s compensation attorney to help review your case.

***Disclaimer: The content of this webpage, created by Heidari Law Group, is intended solely for educational purposes. While it endeavors to provide a general understanding of the law, it should not be construed as specific legal advice. Accessing and reading this site does not establish an attorney-client relationship with any member of Heidari Law. Furthermore, please be aware that the legal landscape is constantly evolving, potentially rendering some information outdated or inapplicable.

Sam Heidari

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Sam Heidari

Sam Ryan Heidari

Sam Heidari is the founding principal of Heidari Law Group, a law firm specializing in personal injury, wrongful death, and employment law with offices in California and Nevada. Sam Heidari has been practicing law for over 11 years and handles a wide range of cases including car accidents, wrongful death, employment discrimination, and product liability. The Heidari Law Group legal firm is known for its comprehensive approach, handling cases from initial consultation through to final judgment. Sam Heidari is dedicated to community involvement and advocacy for civil liberties.

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