With over one million accident room admissions for ‘slip and fall’ accidents each year in the US, it’s important to know how many go to court, how much they settle for on average and what steps you need to know before filing for such accidents.
However, perhaps more significant than the numbers if the fact that those most badly affected by such accidents are those over 65, for whom such accidents are often fatal. Around one third of the slip and fall accidents affect this age group and the resulting issues are more serious than the younger people affected.
If you’ve had a slip and fall accident at work, then it’s imperative to take a few basic steps to obtain a recovery.
Of course, the first step is to administer first aid and get medical attention. After that, you should make sure that the accident has been reported to someone such as the project manager or lead supervisor at the workplace.
The Centers for Disease Control reports that the average cost of a slip and fall accident is between $30,000 and $40,000 – a sum that would cover hospital expenses, rehabilitation, prescribed drugs, insurance costs and so forth.
What the amounts do not convey is the ongoing costs that might be involved following any such accident.
After obtaining appropriate medical treatment, you should collect as much evidence as possible.
This includes gathering live testimonies and confirming witnesses and their recollections about the event. Also, all the documents that can be related to the accident should be kept in an organized manner for the case file. This includes all medical bills.
You should never delay in filing the workers’ comp claim. File it as soon as possible and get in touch with a workers’ comp, personal injury, or slip and fall accident lawyer.
A lawyer will help you have a significantly better time in court while arguing professionally on your behalf. All this means that you’ll be increasing the likelihood of getting the right justice with the maximum workers’ comp.
Remember that different states have different rules and you need to check for slip and fall liability issues in each jurisdiction. For instance, in California you can obtain compensation even if you were partially responsible for the slip-and-fall injury.
Other states may differ.
Indiana personal injury attorneys will tell you that any slip and fall injuries need you to prove that a hazardous condition existed on the premises or property and that the property owner knew of the hazard, or had notice of it.
Tackling workplace slip and fall accidents is a little harder than generic personal injury cases and a slip and fall lawsuit should involve lawyers involved in these matters successfully.
We spoke with specialists at Stracci Law Group who are personal injury lawyers who do specialize in slip and fall accidents. They recommended that anyone injured (in their case in Indiana) who has been injured in such an accident will be eligible to file a claim either as a workers’ compensation claim or as an injury lawsuit.
But how should a claim be filed?
How to file a claim for workplace slip and fall accidents?
The process of filing a workers comp is very simple. The claim will be possible where there has been negligence or fall risk management.
However, keep in mind that while different states may have different rules, the law surrounding slip and fall accident can be complex.
Any illness or injury within the scope of the employment can qualify for workers’ comp in most cases. It’s important that the injury happened on the job. The easiest workers’ comp claims are those arising out of occupational diseases (such as exposure to certain chemicals) and occupational hazards and accidents, which include slip and fall accidents.
The more negligence or oversight from the employer’s side, the more compensation you’ll be eligible for.
Keep in mind that the time until which you can report a work accident can range from 30 days to 3 months depending on where you are. In Indiana, you have 30 days. After 30 days, your claim can get denied. On the other hand, employers in Indiana have 7 days to report an employee’s slip and fall accident to their insurance service provider.
To file a claim is subject to the statute of limitation. All 50 states have statutes of limitations in respect of both civil and criminal cases to as to encourage the early settlement of claims and to ensure the civil litigation system functions effectively.
In California there is a two year limitation on such claims.
How much are you eligible for after a workplace slip and fall accident?
The amount of money that an employee can receive after filing a claim for workplace slip and fall accidents depends on several factors, including:
- The severity of the injury
- The number of days missed from work due to the injury
- The extent of the negligence or other liability of the employer
If you have been injured due to a slip and fall accident, your compensation may depend on the type of injury and how long it has been since the accident.
In addition, if you are a claim handler at an insurance company, you may be eligible for a bonus based on how much money you helped to pay out in claims.
There are different kinds of compensation that you can receive after suffering a workplace slip and fall accident. You will be compensated for:
- Medical expenses: Medical expenses that you have incurred as a result of the accident may be paid under workers’ compensation or under disability insurance depending on your employment status.
- Lost wages: These include any wages lost due to injury or illness, including overtime pay and production bonuses.
- Out-of-pocket expenses: Out-of-pocket medical expenses such as medical bills directly related to an injury may also be covered by workers’ compensation or disability insurance.
Keep in mind
You are eligible to receive compensation for your injuries and damages if you have been injured or have suffered property damage due to a workplace slip and fall accident.
There will be many questions about any claim or case involving such accidents, such as “When will my case go to trial?”, “What type of compensation can I expect from a workplace slip and fall accident”, and so on.
There is no right answer, but the circumstance, the jurisdiction involved and the nature of the actual injury will all help determine the likelihood of a successful outcome.