Slip and fall accidents pose a great risk of workplace injuries. They can result in injuries ranging from short-term muscle pain to long-term internal bodily damage or even death. Injured workers must be aware of their responsibilities and rights under workers’ compensation.
Below is a brief analysis of slip and fall mishaps in the workplace, the causes and consequences of the injuries, and how an Orlando Slip And Fall Attorney plays an essential role in obtaining compensation for your injury.
Causes of Slip and Fall
Common sense dictates that slip and fall injuries can occur in the workplace for a multitude of reasons. Most commonly, an employee slips and falls as a result of icy stairs or an untreated parking lot, a wet floor, an uneven surface, loose stairs, or an unexpected object on a walking surface. Whatever the cause, if the injury occurs in the course and scope of employment, the affected worker is entitled to medical bills (related to the fall, paid by the employer’s workers’ compensation insurer) as well as compensation benefits for time lost from work as a result of the injury. For these cases, an Orlando Slip And Fall Lawyer will be instrumental in securing such compensation.
Why do people Slip, Trip, and Fall at Work?
This type of accident commonly occurs due to poor management of workplace health and safety. Employers do not intend to cause injuries, but as a result of unsafe practices, injuries do occur.
Common causes of slips and falls at work include:
- Cluttered workplaces where obstructions such as boxes, discarded packaging, and cables create a tripping hazard.
- Unsafe practices in relation to the transport of liquids and other materials cause the floor to become slippery.
- Not having an effective cleaning policy in place to deal with potential slip hazards.
- Poorly maintained workplaces, including car parks with potholes and uneven surfaces.
- Inadequate lighting.
Whose Fault Is It?
If an employee suffers a slip, trip, or fall injury at work, the employer’s workers’ compensation carrier is usually liable, regardless of fault. Workers’ compensation is designed to protect even the clumsiest of workers. For example, an employer may post a “wet floor” sign after a surface has been mopped. Even with this precaution taken, if an employee slips, trips, or falls and is injured on a wet surface, the employer’s workers’ compensation insurer would still be responsible for paying for medical treatment associated with that injury and for monetary benefits related to lost time from work. An Orlando slip and fall attorney can help an employee collect workers’ compensation benefits if the injury is a result of his or her severe and willful conduct. Mere carelessness, or clumsiness, does not prevent an injured worker from being eligible for workers’ compensation benefits.
Slip and Fall Not on Work Property
Many jobs take place outside the traditional workspace. For example, workers often travel to different locations to perform their duties throughout the day. Salespeople may spend a significant portion of their workday on the road. Likewise, repair personnel, technicians, and service workers may perform a substantial portion of their work in residential or commercial locations on the employer’s premises. However, if a worker slips and falls in the course of his or her duties, the employer’s workers’ compensation insurer is liable, even when the injury occurs on property controlled by someone other than the employer.
If an employee is walking to or from work, workers’ compensation insurance will not cover a slip and fall injury. However, if an employee is traveling from one location to another during work hours and suffers a slip and fall injury, that injury would be covered by the employer’s workers’ compensation carrier. An Orlando slip and fall attorney can help an injured worker defend their right to workers’ compensation benefits.
Who Owns the Premises?
Slip and fall accidents often result in third-party liability claims. It is essential for a worker injured as a result of a slip and fall to identify who owns the premises where the injury occurred. If someone other than the employer owns or is responsible for the premises where the slip and fall occurred, the injured worker may have a claim against that entity. Although workers’ compensation covers a percentage of lost wages, medical bills, and loss of function, it does not cover pain, suffering, or punitive damages. Therefore, an injured worker can often recover significantly more money if there is a third-party claim in addition to workers’ compensation coverage.
Preventive Measures
Employers have a duty of care to their employees and ensure that the workplace is as safe as possible. The starting point for an employer is to assess the risk of injury to employees.
A car park, for example, should be regularly inspected and repaired for uneven surfaces or potholes.
Workstations should be appropriately assessed. Cables should be tied securely and not dragged along the floor.
Mats should be provided near workplace entrances to prevent the floor from becoming slippery from rainwater carried in by people entering the building.
Where work creates a risk of spillage, an effective cleaning system should be in place, and all employees should be trained on it. Waste materials are an example. They should be disposed of safely and not casually.
Employees should take care of their own safety, as far as possible, but they cannot be expected to constantly scan the floor in front of them for hazards, as it would be unreasonable to expect them to do so.
Employers should also consider what footwear is appropriate for the type of workplace. What may be suitable in an office will be different from a construction site.
On most occasions, workplace accidents can be avoided if the employer has a proper system in place to ensure that hazards that could cause an employee to trip or slip are avoided as much as possible.
If steps like these are not taken, the likelihood of workplace accidents increases. If you have had a workplace accident, even with these steps in place, you may still be entitled to compensation. Consult with an Orlando Slip And Fall Attorney to find out your options.
Have you Slipped and Fallen at Work?
If you have been injured by a slip and fall at work or during your workday, report the injury to your employer immediately. If there are direct witnesses to your slip and fall, be sure to gather their names and contact information. Identify who owns or controls the premises where your slip and fall occurred so that an attorney can evaluate whether a third-party liability claim exists. Seek treatment immediately and inform the provider that the injury occurred happened. Call Louis Berk Law for a free consultation and advice on your right to workers’ compensation benefits.
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