When you slip and fall at work, the common-sense thing to assume would be that you’re entitled to workers’ compensation, so all you need is to file a claim. In reality getting workers’ compensation benefits is difficult, though if you file the claim correctly and can prove everything that maximizes your chances of getting compensation.
The workers’ compensation law is pretty much the same across most types of injuries and fatalities. In many cases, the compensation covers the medical expenses and loss of wages. However, an employee who has slipped and fallen at work resulting in an injury will have to prove a number of things including that the employer’s negligence. Plus, it will have to be proven medically that they are unable to work. The fact is that even if your own negligence caused the injury by law, you are still entitled to worker’s compensation, but insurance companies try to wrestle you for it.
Qualifying for CompensationNow there are many details which are factored into helping you qualify for workers’ compensation when you slip and fall. One instance of this is if you slipped and fell when on lunch break the likelihood of you being able to get workers’ compensation is lower than if you fell when working. So, you need to be working when the accident happens. The same goes for if you slipped and fell when traveling to and from work, the chances of getting compensation are none. That said if you happened to be travelling for work, i.e. were sent by the employer and slipped resulting in an injury then the chances of receiving compensation is higher.
The other important factor is your behavior. If your behavior during the slip and fall accident was in violation of the company’s code of ethics or conduct then getting compensation is hard. Violating the company’s policy in any way would invalidate your claim.
Who can apply for compensation?
What to do and how to get paid?
Slipping and falling is by far one of the most common workplace accidents. Employees slip and fall in factories, construction sites, and even offices. Often the injuries aren’t life altering and rarely lead to death. However, it does cause distress and can lead to loss of wages. If you have slipped and fallen at your place of work here are the steps you should take get paid:
- Inform your supervisor of the incident.
- First get yourself examined by a doctor.
- File for compensation within 21 days of the accident.
- If you are so badly injured that any of the above can’t be done then hire an attorney.
- You should also hire an attorney if the employer denies your request for compensation.
When to apply for compensation?
|When you have slipped and fallen at work.|
|You should also apply for compensation if the injuries cause you to take days off.|
|If you are suffering from a condition which the doctor suspects or thinks is a result of you slipping and falling when at work.|
|If you suspect that the slip and fall was caused by negligence on part of your company or employer.|
What is important to know?
Slipping and falling does fall under the workers compensation law. Your employer should compensate you in the way of paying up all related medical bills and any wages you may lose as a result. However, in reality, things are not all that simple. Employers try finding excuses not to pay injured employees, the same goes for the insurance companies from which the employer may have gotten insurance. So, it is up to the employee to prove that the accident wasn’t caused by them breaching any of the company’s policies.
Employees need to prove that the slip and fall were caused by the employer either not doing their job to make the workplace safe or if they had malicious intent. For instance, if you slipped and fell on a wet floor, you could claim compensation though if you ignored to see the “Wet Floor” sign, apparently it wasn’t an error on the part of the employer or malicious intent.
After you have slipped and fallen, it is important to write or record everything in your own words so that nothing is forgotten. It will also help you answer questions by the insurance company’s adjusters and your own attorney.
If the employer fails to provide compensation or outright denies it, then it is time to hire an attorney. An attorney who has experience dealing with slip and fall-related compensation cases will then go about conducting an investigation and filing the proper claim with the insurance company. The attorney can also sue the company for negligence if that’s what can be proven.