Slipping and falling in public can be embarrassing. Maybe you were holding a drink that spilled everywhere or perhaps you landed in a way that hurt yourself. When this happens, in the moment, you may be more focused on shaking it off and walking away than checking to see if you were actually injured. These kinds of accidents can happen in the workplace too, making it especially confusing when you wonder what to do next. Should you report the injury to your manager? What if you don’t know whether it was your fault or not? Should you be stuck paying the medical bills after this injury or should you see if your employer’s insurance will cover it? These are all great questions, and your slip and fall injury attorney can help answer them.
Should I file for workers’ compensation or sue?
It is possible to sue your employer, but certain conditions must be met for you to sue them. For example, if you were at work and were walking down the hallway and there was a huge puddle of water in front of you, you could easily slip on it. That said, if your employer took measures to ensure that no one slipped–putting up a warning sign, roping the area off, and making sure everyone saw there was a puddle–then the accident might be solely your fault. When this is the case, you may still be the one who is at fault for the accident, but you could probably still file a workers’ compensation claim and even get your employer’s insurance company to pay your medical bills. When filing for workers’ compensation for a slip and fall at work, the accident does not have to be your employer’s fault.
Choosing to Sue
On the other hand, if you were not at fault for the accident and your employer did not take reasonable measures to clean up the spill or at least make people aware of it, you may have grounds to sue. Suing your employer will not be easy, especially since you will need to prove that they ignored the dangerous area or did not clean it up, so you should speak with a slip and fall attorney as quickly as possible.
How do I prove that it was my employer’s fault?
Remember, when you choose to sue your employer for a slip and fall injury you have the burden of proving that it was their fault and not yours. You and your attorney will need to gather evidence showing that your employer knew of the puddle and did not clean it up. This could be done through eyewitnesses, video cameras, or other pieces of evidence.
Common factors that can contribute to slipping and falling at work are:
- Cords or wires on the floor
- Ice
- Water
For more information on how attorneys, can help you with your slip and fall injury that you sustained at work, please call a law firm now.