Can You Sue If You Slip and Fall at Work? - DeSalvo Injury Lawyers
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Can You Sue If You Slip and Fall at Work?

Taking the wrong turn and falling down happens sometimes. But what if it occurs at work?

This leaves you injured, unable to work, and out of money. What do you do if you experience a slip and fall at work?

Although worker’s compensation kicks in for many folks, what if it doesn’t? Or what if you believe the accident was the fault of your employer, and shouldn’t have occurred to begin with?

Here’s everything to know about when you can sue if you are the victim of an accident at work that involves slipping and falling.

Prove That Someone Else is Liable for the Accident

When dealing with a slip and fall at work, it’s important to understand that for you to sue your employer, you need to show they were liable for the accident.

Proving fault isn’t simple as an accident occurs. You must make the claim that the employer either ignored or didn’t take action quickly enough to correct a problem.

An ideal example of this is a huge puddle of water that was left standing. You come into work and don’t see the puddle, causing you to slip and fall.

If your employer wasn’t in the act of getting a mop or attempting to clean up the mess or even show there was a mess present (such as with signs) this presents a problem. Another example would be the workplace not training new employees in proper safety measures.

These are examples showing that there is a lack of concern and you are not the one at fault. Make sure you’re aware of what workplace conditions are present, so you have an accurate picture of what you’re dealing with.

Show That Conditions Existed Causing You to Slip and Fall at Work

When proving an accident at work, it’s important to understand the difference between the employer not doing their job and cleaning up, and being careless and not paying attention. When suing someone, the burden of proof remains on you to show that you weren’t at fault for what occurred.

If you don’t look where you’re going, ignore signs that are clearly up around a wet or damaged area noting it is dangerous, or simply didn’t see someone who was working on the area, this creates an issue. It’s important to show that none of these things were present when your accident happened.

When understanding slip and fall injuries at work, here are certain factors that contribute to them:

  • Ice
  • Lubricants on the floor or ground
  • Water
  • Wires, cables, or other cord-like items across the floor that lead to tripping

Keep in mind other factors such as if you:

  • Have a disability, and use a cane, crutches, or another type of walking aid
  • If you were carrying several items at once and weren’t able to see what caused your accident
  • There were signs up that you missed
  • You were in an area that transitioned from one surface to another (carpet to floor)

Being aware of your surroundings and what caused you to have a problem is crucial to your case. You’ll need to give your lawyer complete information when you file a slip and fall at work suit against your company.

Show The Accident Wasn’t Created by You

Certain accidents, especially those caused by you, cannot be used when suing for slip and fall. This is because you are the one responsible for what caused the accident.

Let’s you start mopping and get called away to do something else without putting up signs alerting others to a wet floor, and you come back and slip. The fault becomes yours since you were responsible for addressing what caused the slip to begin with.

Proving fault in a slip and fall lawsuit is difficult for some folks. This is true for those that played a role in creating the conditions that lead to the accident.

Some examples of problems that weren’t created by you are:

  • Long-time hazards that the company knew about but did not fix
  • No signage up that would make employees aware of the problem
  • The problem was created by someone other than the employee
  • The problem occurred before the employee arrived to work

You’ll also need to show that there was no reasonable understanding of the problem or condition. For example, someone who saw signs up about slippery surfaces would infer not to walk quickly in that area.

When pursuing a slip and fall at work, documentation is one of the most important things. This helps your attorney build a strong case, and show how the manager or owner left the area in a state of neglect.

Make a note of:

  • Where the accident occurred
  • How long it had been in this condition
  • What happened to you
  • Any diagnoses from a doctor you saw related to this accident
  • Any witnesses who will come forward with the accident

The more you can prove you weren’t at fault for what occurred, you’re likely to win a slip and fall case against the company and your employer.

Let Us Help You

Taking your employer to court over a slip and fall at work is intimidating. You don’t want to lose your job, but you aren’t comfortable or safe with a company that permits bad conditions.

Contact us, and see how we help build your case. Together, we help you work toward a solution that involves safety and gives offers financial help for the pain and suffering endured.

We will help you find a solution to your problems and ensure no one else’s safety gets put in jeopardy by the company. Get started and reach out to our offices today.

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"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

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Cab Driver, Fall Down                  See More >

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Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Scott DeSalvo, Injury Lawyer - 312-500-4500
 

I've been helping injured people just like you for my entire 20+ year career in all kinds of injury cases, and I can probably help you, too. You can call me 24/7/365, any time, day or night, to get a free copy of the Injury "Cheat Sheet" which gives you the Five Secrets to winning your injury case. 100% free & no obligation. Or, you can call and ask for a FREE case strategy session where I will answer all of your questions, 100% for free and no obligation. Call 312-500-4500. I look forward to hearing from you!