Can I Sue My Employer if I Slip and Fall at Work?

Slipping and falling is a common hazard in many workplaces — and the consequences can be severe. According to the Occupational Safety and Health Administration, slipping, tripping and falling cause 15 percent of all accidental work-related deaths — only vehicle accidents result in more fatalities. What’s more, approximately 25 percent of all workplace injury claims result from falls, as do 17 percent of all debilitating injuries. The types of injuries range from sprains and bone fractures to concussions and spinal injuries.

Seeking Financial Relief for a Slip-and-Fall Injury

An injury resulting from a fall could keep you off the job for several weeks or longer and leave you with a pile of medical bills. If you fall while performing the duties of your work, you may be eligible for benefits provided by your employer’s workers’ compensation insurance coverage. Workers’ comp provides financial benefits to employees for work-related injuries or illnesses to replace lost wages, cover medical bills and provide job retraining if needed. It can also provide compensation to your survivors if a slip-and-fall accident causes your death. 

What About Filing a Lawsuit Against Your Employer?

You might be wondering if you can sue your employer as a means of seeking financial remedy for your slip-and-fall injury instead of filing a workers’ comp claim. The short answer is “no.” While lawsuit judgments sometimes include significant rewards for “pain and suffering,” this avenue is typically not available to employees. Most state workers’ comp laws prevent employees from filing suit against their company, boss or co-workers for on-the-job injuries. 

When Can You File Suit for a Slip-and-Fall Injury?

In some cases, you can pursue a lawsuit to attempt to receive compensation for your injuries. For example, if your employer fails to maintain mandatory workers’ comp insurance coverage, it loses its statutory immunity and can be sued for damages. You can also file suit against a negligent third party that is providing services to your employer. Suppose your company hires a janitorial service to clean your facility, and a worker for the service leaves a wet floor. If you get injured by slipping on the floor, you could sue the janitorial service — but not your employer.

If your employer rents or leases the work facility from a third party, you may be able to sue the building’s owner or property manager for a slip-and-fall injury. For example, if the owner or property manager does not repair a leaky roof and you slip in a puddle of water resulting from the leak, you could have grounds to take legal action. 

If you’re in Kansas or Missouri and experience a work-related slip-and-fall injury, the seasoned professionals at Phalen Law Firm can give you a free initial consultation. Our knowledgeable workers’ comp attorneys will help you explore and pursue your options regarding workers’ compensation laws. We can also assist you in navigating the appeal process if your claim for benefits has been denied.

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September 24, 2019