Can I Sue My Employer for a Slip and Fall Accident in New York?

A man walking just about to trip with a carpet in the floor
Slip and Fall Accident I Greenberg & Stein P.C.

Slip and fall accidents are way more common than you may think. As with any other accident, the injuries sustained by the victim can lead to costly medical bills and long recovery times that can prevent you from working. A slip-and-fall accident can have a serious impact on your financial situation. Nonetheless, if you got injured at work, you may be entitled to compensation.

In New York, all employers are required to purchase workers’ compensation insurance in case one of their employees gets injured at work. Most of the time, it is not possible to sue your employer because you are required to seek compensation through a workers’ compensation claim. However, you may be able to sue a third party that was partially responsible for your injuries. If you have recently suffered a slip and fall accident at work, contact an experienced workplace accident attorney.

What To Do After I Slip, Trip, and Fall At Work?

After a slip and fall accident at work, it is important to take some steps to protect your physical integrity and your rights. Here is a list of things to do after a slip and fall accident at work:

Get medical care

Making sure that you are not seriously injured should be your number 1 concern. Slip and fall accidents can cause minor injuries that do not require medical assistance. Unfortunately, it is also possible to suffer a severe injury as a result of a slip and fall accident. Furthermore, some injuries are not detectable right after the accident happened. Therefore, it is important to visit a doctor to make sure you are well.

Evidence from the accident scene

The evidence that you are able to obtain is a critical aspect in your claim procedure. It is critical to photograph the accident site as well as the object or dangerous situation that caused you to slip or tumble after any type of accident. You should also photograph any injuries, bruises, cuts, or other wounds. If your garments become damaged or stained, you can preserve them in a bag and use them as proof later. If there were eyewitnesses, you can ask them for their contact information. Your lawyer can contact them and get a statement from them.

Report it to a superior

It is crucial that you report the accident to your superior as soon as possible. Your employer needs to know about the incident. You can do this verbally but make sure to do it in writing as soon as you are able to. An email, a letter or a text message can also serve as evidence in case your employer alleges that you did not report the accident to them.

Consult a workers’ compensation lawyer

A workers’ compensation lawyer can help you understand what your legal options are. Most workers’ compensation lawyers offer free case analysis. Seeking professional legal advice can make a big difference in the outcome of your case.

Slip and Fall Accidents at Work in New York’s Most Common Causes

man slippering over a soda puddle
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Slip and fall accidents can be caused by several hazardous conditions. Some of the dangers can be caused by the weather, wear and tear of the premises, etc. Here’s a list of some of the common causes of slip and fall accidents:

  • Slippery surfaces (water, snow and ice)
  • Loose handrails
  • Trip hazards (cracked concrete or uneven floor)
  • Poor illumination
  • Lack of warning signs
  • Missing or loose steps
  • Obstacles in the hallways

How Does Workers’ Comp Law work?

Workers’ compensation laws are designed to help injured workers get compensation for their injuries and their lost wages. All employers are required to purchase workers’ compensation insurance. If one of their employees gets hurt, they need to file a claim to be reimbursed for their medical bills and a portion of their lost wages. Workers’ compensation claims do not require the injured worker to prove that someone was negligent. For this reason, injured employees are not allowed to sue their own employer. Workers’ compensation benefits will pay for all reasonable medical expenditures, a portion of the lost wages and other expenses related to housekeeping.

Potential Third Party Lawsuit For Slipping and Falling At Work

Although injured workers are not allowed to sue their employer, they can still sue a third party that was involved in the accident. No law prohibits injured employees to file a lawsuit against a third party (other than their employer) even if they already filed a workers’ compensation claim. For example, if a construction worker gets injured after slipping and falling on a construction site (that is not owned by their employer) due to a hazardous condition, the property owners could be sued. Property owners must ensure that their premises are safe for anyone, including workers.

Greenberg & Stein Work Accident Attorney

Slip and fall accidents can lead to severe injuries that can affect you both physically and financially for a considerable amount of time. If you get injured at work, you must pursue compensation through a workers’ compensation claim. However, it is very common that many injured employees do not get the sufficient amount of money they need to cover their expenses.

Working with a professional work accident attorney can be immensely beneficial. Furthermore, an attorney will review your case and help you understand what other legal options you can explore to get the compensation you deserve. Greenberg & Stein P.C. is a New York-based law firm. Our attorneys have vast experience handling all kinds of work-related accidents. Our legal team will go above and beyond to help you get the compensation you need. Contact us at 888-716-3843 to schedule a free consultation to review your case.