Do you want to know what happens after a slip and fall at work?
Slip and falls at work are actually one of the most common injuries across the United States. While the accident can happen in the blink of an eye, the legal process could take months if proper protocol is not followed.
Here’s why…
A lot of people simply do not know what to do after a slip and fall accident at work. They freeze. They procrastinate. And worst of all, they end up settling for far less money…
But having a strong claim is meaningless unless you know the proper legal steps to follow.
Fortunately, by learning about the legal process from beginning to end, anyone can protect their rights and set themselves up for the best possible outcome. Let’s break it down…
After reading this article:
- You’ll understand why slip and fall accidents are so serious.
- You’ll learn the step-by-step legal process after a slip and fall.
- You’ll know when to contact a lawyer about a workplace accident.
- You’ll discover how to avoid mistakes that could hurt your claim.
So if you want to know what happens after someone slips and falls at work, read on!
Why Slip and Fall Accidents Are So Serious
Slip and fall accidents are extremely serious injuries. In fact…
The National Safety Council reported that there were 885 worker deaths caused by falls in 2023. These workers weren’t just on roofs or scaffolding like in construction. Office workers, retail clerks, warehouse employees… any job can present a falling hazard.
Liberty Mutual even compiled a list of the states with the highest “falling rates” in their 2024 Workplace Safety Index. What’s worse? They reported that slip and fall accidents (same-level falls) cost employers $9.99 billion every year just in workers’ comp medical expenses and lost wages.
These statistics are alarming…
…but the truth is, slip and fall accidents at work are a leading cause of injury and deaths. When they do happen, following the correct legal protocol is critical to winning a case. That’s why knowing when to hire workplace accident attorneys to handle a claim is so important. A skilled personal injury attorney in Minneapolis or your local area will make sure not a single step gets missed.
The Step by Step Legal Process After a Slip and Fall Accident
Alright, enough with the doom and gloom. Let’s talk about what actually happens after a slip and fall at work. Following this legal process will ensure rights are protected and the claim is as strong as possible:
Step 1: Seek Medical Attention Immediately
This is number one for a reason. As soon as a slip and fall happens, the injured worker needs to see a doctor or get taken to the emergency room. Why?
For starters, health is important. Some injuries like brain trauma and spinal injuries don’t have immediate symptoms.
Secondly, a record of the injury needs to be created. Documentation like this is powerful evidence later on in the legal process.
Waiting weeks to see a doctor gives an insurance company room to argue that the injury must not be that serious.
Step 2: Report the Accident to the Employer
Pretty much every single slip and fall accident at work should be reported to a manager or supervisor. Not only should the incident be verbally reported, but an official written accident report should be filed ASAP.
Did you know that many states require workplace injuries to be reported within a certain number of days? If the injury isn’t reported in time, the claim could be barred entirely. Make sure the report includes the time, date, location, and a thorough description of how the accident occurred.
Step 3: Document, Document, Document
This cannot be stressed enough. When it comes to personal injury claims, evidence is king. After a slip and fall, make sure to document everything. Here’s what should be gathered…
- Photographs of the accident scene including any hazards that may have caused the fall
- Photographs of any visible injuries suffered
- Contact information for witnesses
- A personal account of what happened (written down while it’s fresh)
Think of this step as creating a blueprint. The better the blueprint, the smoother the rest of the legal process will be.
Step 4: File a Workers’ Compensation Claim
Okay, now things are getting into the heavy legal stuff. In most states, employers are required to have workers’ compensation insurance. This is essentially insurance that provides benefits to any workers who are injured on the job.
With a workers’ comp claim, there’s no need to prove who was at fault for the accident. Simply by being an employee that suffered an injury at work, the worker qualifies for benefits.
Workers’ comp can provide coverage for…
- Medical treatment
- Rehabilitation services
- A percentage of lost wages during recovery
- Disability benefits if the injury is long-term
But here’s the catch…
Just because an employer is required by law to have workers’ comp insurance doesn’t mean they will make filing a claim easy. Employers will often dispute claims or use delay tactics to avoid paying out benefits. When that happens, it’s time to seek legal help.
Step 5: See if There is a 3rd Party Claim
Here’s a little known fact…
Just because someone qualifies for workers’ comp benefits doesn’t mean a lawsuit is off the table. If there was a third party (someone other than the employer) who was negligent and contributed to the unsafe conditions that led to the accident, a 3rd party personal injury claim may also be possible.
Some common third-party defendants are:
- Property owners (if the employer does not own the building)
- Maintenance or janitorial companies
- Equipment or product manufacturers
A third-party lawsuit allows recovery of damages that workers’ compensation doesn’t cover. Things like pain and suffering can be awarded through a 3rd party claim. And that’s where hiring a skilled attorney can really make a difference.
When to Hire a Lawyer for a Slip and Fall Accident at Work
If someone stumbles and falls but catches themselves before hitting the ground, there’s no need for a lawyer. However, a serious tumble that requires medical treatment is worth at least a conversation with an attorney.
Definitely retain a lawyer if:
- Benefits have been denied by the employer or their insurance company.
- There’s a question about whether a 3rd party claim is an option.
- The settlement offer doesn’t fairly cover the damages.
- The injury has caused long-term impairment or loss of income.
In short, if there’s any doubt about needing a lawyer, just schedule a free consultation to discuss the options. It never hurts to talk to a lawyer.
Mistakes that Could Hurt a Claim
Say someone slipped on a puddle of water at work, fell hard, and broke their leg. They properly followed all the steps mentioned above. But one month later, they’re on Facebook posting pics from a beach vacation…
Odds are, the insurance company has already started looking for reasons to deny the claim. Even with a strong claim, there are a few slippery slopes that could ruin the chances of collecting compensation.
Here are the mistakes that can hurt a claim:
- Failing to report the accident in a timely manner.
- Not seeking medical attention right away.
- Giving a recorded statement to the employer’s insurance company without consulting an attorney.
- Posting about the injury on social media.
- Quickly accepting the first offer from the insurance company.
Just like that, a dream beach vacation could come crashing down.
Conclusion
Workplace slip and fall accidents are extremely common. But that doesn’t mean they shouldn’t be taken seriously. Following correct legal procedure after an accident is essential to winning a case.
Remember…
The legal process after a slip and fall at work involves:
- Seeking medical treatment
- Reporting the accident to the employer
- Gathering evidence
- Filing a workers’ compensation claim
- Determining if a 3rd party claim can be filed
…and most importantly, knowing when to hire a lawyer to help navigate the process. Hopefully now you know what happens after someone slips and falls at work.
