In most cases, you’ll be able to file a workers’ compensation claim after a slip and fall injury in the workplace. Workers’ compensation benefits, however, can be difficult to obtain and you may be blocked from getting these critical benefits if you do not file a claim in a timely fashion. By hiring the right workers’ compensation attorney to help you from the outset of your case, you greatly increase your chances of success.
Workers’ compensation claims are frequently made up of illnesses and injuries that happen over the course of performing job duties or that occur directly because of an employment relationship. You would not need to prove carelessness or negligence on the part of your employer as you otherwise would need to do if you file a lawsuit. Even if your injury was caused partly by your own negligence, you may still be eligible to pursue a slip and fall injury claim. If you were on your lunch break, however, when you slipped and fell, your opportunity to recover workers’ compensation benefits is reduced considerably.
You will usually need to have been working at the time of a slip and fall injury in order to qualify for benefits. In addition, if you were violating company policy at the time of the accident, this could block you from getting workers’ compensation benefits. In addition to filing a workers’ compensation claim as a result of a slip and fall injury, you may be able to pursue a workplace injury lawsuit against third parties if those third parties could be held responsible for your injuries. You are typically precluded from pursuing your employer if you are going after workers’ compensation benefits. If a third party however, like someone making a delivery at the time of the accident was involved in your injuries, you may also be able to pursue a personal injury claim against that party specifically.
You should always tell your boss about a slip and fall injury just in case. If you decide to move forward with workers’ comp, you’ll want it on the record that you told your employer right away that an accident had happened.