A slip and fall at work can result in serious injuries, unexpected medical expenses, and lost wages. Even a seemingly minor fall can have long-term consequences if not addressed promptly. In New York, workers’ compensation provides crucial support for employees who are injured on the job, but navigating the claims process can be confusing and sometimes complicated. Understanding your rights, taking immediate action, and knowing the steps to protect yourself after a fall can make a significant difference in both your recovery and the outcome of your claim.
What to Do If You Slip and Fall at Work
If you slipped and fell at work, your first priority should be your health. Even minor injuries can become serious if left untreated, so you need to seek medical attention as soon as possible. Once you’ve been seen by a doctor, report the incident to your employer. In New York, workplace injuries must be reported within 30 days, but reporting immediately helps protect your rights and strengthens future claims.
Documenting the fall is just as important. Take photos of the area in addition to any hazards that contributed to the accident. You should also try to gather witness statements if anyone was present. Once your health and documentation are taken care of, filing a workers’ compensation claim is the next step. Workers’ compensation provides coverage for medical treatment and partial wage replacement after a workplace injury.
Because slip and fall workers’ compensation claims can sometimes be disputed, consulting an experienced attorney is highly recommended. A lawyer can help ensure your claim is filed correctly, guide you through the process, and identify whether additional legal options, such as a third-party claim, might be available.
What Benefits Are Available After a Slip and Fall at Work?
If you fell at work and were injured, New York’s workers’ compensation system is in place to provide financial and medical support during recovery. Workers’ compensation typically covers:
- Medical treatment that follows state-approved guidelines, including doctor visits, diagnostic tests, surgery, and therapy if necessary.
- Partial wage replacement for the time you’re unable to work due to your injury.
- Reimbursement for expenses directly related to treatment, such as mileage to medical appointments or other properly documented costs.
- Permanent disability benefits, if your injury results in a lasting impairment that affects your ability to work.
It’s crucial to follow your doctor’s recommended treatment plan and attend all required evaluations. Failing to do so can impact the benefits you’re entitled to receive. Being aware of these benefits and using them properly ensures you get the support you need after a workplace fall.
Can You Sue Your Employer for a Slip and Fall Injury?
It’s common to wonder, “What happens if you slip and fall at work? Can I sue my employer?” in these situations. However, you cannot sue your employer directly if you slipped and fell at work. The workers’ compensation system is essentially meant to supply critical compensation and medical support for these situations.
That said, there are occasions where a third-party personal injury claim may be possible. This applies if someone other than your employer contributed to the accident, such as:
- A property owner failing to maintain a safe walkway or parking lot.
- A contractor leaving hazardous debris or improperly installing equipment.
- A defective product or piece of machinery that caused your fall.
In these cases, you can pursue a workers’ compensation claim and a personal injury lawsuit against a third party at the same time. Consulting an attorney experienced in slip and fall workers’ compensation and third-party claims can help you understand your rights and maximize your recovery.
Are All Workplace Falls Covered by Workers’ Compensation?
Not every fall at work automatically qualifies for benefits. Whether your slip and fall workers’ compensation claim is approved often depends on the specific circumstances of the accident. Key considerations include:
- Falls while entering or leaving work: If you slip on ice in your company’s parking lot or a walkway on your way into work, you may still be covered, even though you were not inside the building.
- Falls in shared or off-site locations: Accidents that happen in shared lobbies, stairwells, or other off-site areas used for work purposes may qualify, but eligibility depends on the facts and employment context.
These claims can be very fact-specific, and testimony is often necessary to determine whether the injured worker was actually “on the clock” or within the course of employment at the time of the fall. Ultimately, a workers’ compensation law judge would decide whether the fall occurred out of or in the course of employment.
When to Consult an Attorney
Navigating a slip and fall at work claim in New York can be stressful, especially when you’re focused on healing. The attorneys at Lewis & Lewis have decades of experience helping injured workers secure the benefits and compensation they deserve. If you or someone you know sustained an unfortunate slip and fall at work, please contact our office for a free consultation to discuss the details of your case.
