Is My Employer Responsible for My Slip and Fall Injuries?

Is My Employer Responsible for My Slip and Fall Injuries?Buttafuoco & Associates’ attorneys know just how common workplace injuries are; in 2019 New Jersey employers reported about 69,000 workplace injuries—a rate of 2.5 injuries per 100 workers. In other words, it’s very likely that you or someone at your workplace will at some point experience an injury on the job.

Slip and fall injuries commonly occur at retail stores, restaurants, or on icy sidewalks. In these cases, a slip and fall attorney in Northern New Jersey will typically tell you that you can be compensated through the property owner’s liability insurance. But what happens if you slip and fall in the workplace? When is your employer responsible for your injuries? I’ll tell you how to handle a workplace slip and fall below, and when a personal injury attorney at Buttafuoco & Associates can help.

How Common Are Slips and Falls in the Workplace?

According to the most recent CDC statistics, in 2018 2.5 million people sustained workplace injuries. What is even more surprising is that a whopping 27 percent of nonfatal workplace injuries were related to slips, trips, and falls.

A slip and fall on the job requires vastly different protocol than a typical personal injury claim, as it usually requires you to utilize workers’ compensation insurance. Workers’ Compensation is a kind of insurance that covers work-related illnesses or injuries. In other words, if you get hurt or contract an illness that results directly from your work or working environment, you are likely entitled to Workers’ Compensation Benefits, which may include the following:

  • Medical Benefits: This includes all necessary and reasonable medical treatment for the injuries. In most cases, this will be through employer-designated medical professionals.
  • Temporary Total Disability Benefits: This is a benefit to recover lost wages if you are unable to work for 7 days or more, typically at a rate of 70% of your usual compensation.
  • Permanent Partial or Total Benefits: If the injury or illness results in a permanent disability that either partly or completely impedes your ability to work, you are entitled to ongoing benefits.
  • Death Benefits: If the injury or illness results in death, dependents are entitled to Workers’ Compensation Benefits.

The proper procedure for most workplace injuries is to file a Workers’ Compensation Claim. A Buttafuoco & Associates Northern New Jersey slip and fall lawyer can guide you through the particulars of the process pertaining to your case, but there are some broad guidelines that may help you understand whether your slip and fall claim will be approved:

  • You were performing duties related to your job
  • You were on the clock
  • You reported the accident to your supervisor
  • You received treatment from a company-approved medical professional (though there is some leeway here in the case of emergencies) and followed through with the treatment. This could include physical therapy or taking prescription medication.
  • You weren’t under the influence of drugs or alcohol during the incident

As you can imagine, there are many considerations when it comes to these cases, so speaking with an attorney can help you clarify whether or not you have a case.

When to File a Personal Injury Lawsuit

As I mentioned above, Workers’ Compensation covers most on-the-job injuries. There are situations, however, when you should file a Personal Injury lawsuit with the help of a Northern New Jersey slip and fall attorney. In some cases, you can file a Personal Injury Lawsuit instead of a Workers Comp Claim in the case of a slip or fall. If your employer was negligent in maintaining a safe workplace, and this negligence contributed directly to your injury or illness, you could be eligible to file a claim.

For example, if you work at a restaurant and a spill was not promptly cleaned up, or you tripped over a crack in the floor that should have been repaired, your employer could be considered negligent for your slip or fall. There are of course additional criteria, including whether or not the employer properly warned you of the potential for injury. If you are in doubt about whether or not your employer is responsible for your slip or fall, it is best to get in touch with a Northern New Jersey slip and fall attorney. Buttafuoco & Associates offers free consultations on your case, and can tell you more about your rights.

Do I Need an Attorney?

If you suffer a slip or fall at work, don’t simply brush it off and get back to what you were doing. Notify your employer, get proper medical care, and consider whether or not your employer’s negligence led directly to your injury. Then call a personal injury attorney to learn more about whether you have a case.

For a free consultation, call 1-800-NOW-HURT today.

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