In the aftermath of a slip and fall accident at work, determining available recourse can be tricky. After the accident the ability to sue and who you sue will vary significantly. It will depend on the place of the accident; who you think is responsible; and whether or not you were an employee at the time of the accident. In many cases, compensation for a workplace slip and fall accident is sought via workers’ compensation. However, there are exceptions, and in some cases, a lawsuit is more appropriate.
Worker’s Compensation For a Slip and Fall Accident at Work
Legal recourse for on the job injuries is almost always workers’ compensation. You need not be physically on the job in order to achieve compensation. Any incident that occurs while fulfilling job duties is a workplace accident. If your bid for workers’ comp proves successful, you can obtain coverage for hospital bills, out-of-pocket medical expenses, and a significant portion of the wages lost during the rehabilitation period.
Situations Calling For Lawsuits
In most cases, workplace slip and fall incidents that lead to lawsuits occur off the clock. However, a few other circumstances call for lawsuits instead of standard workers’ compensation. If the employee can prove that the slip and fall accident at work occurred due to the employer’s malicious intent or egregious behavior, personal injury compensation may be possible. Additionally, the employee can bring the case to civil court if the responsible employer fails to carry the appropriate workers’ compensation insurance. In rare cases, you may sue a third part if he or she responsible for the injury.
Is Workers’ Compensation Preferable To a Lawsuit?
In personal injury lawsuits, victims can seek compensation for both physical suffering and emotional trauma. Workers’ compensation awards are quite limited in comparison. However, employees who pursue workers’ compensation do not possess the burden of proof that exists in traditional personal injury cases. With workers’ compensation, there is no need to prove negligence. This is a stark contrast to personal injury cases. In personal injury cases, a preponderance of the evidence must exist to prove that the employer was responsible for the victim’s injuries. If there is any chance at all that fault falls to the slip and fall victim, the safest option is to pursue workers’ compensation.
Whether your slip and fall accident occurred on or off the clock, it is imperative that you seek counsel from a trusted personal injury lawyer. Contact the Reeder Law Firm to determine how you can proceed with your case — and whether a lawsuit is possible.