Rosenbaum & Rosenbaum, P.C. | July 8, 2022 | Slip and Fall Accidents
One of the leading causes of injury at work is slipping and falling. If you recently slipped and fell at work, you may be entitled to compensation for the injuries you suffered. However, recovering that compensation largely depends on following certain steps to protect your legal rights.
Report the Accident
The ability for you to recover compensation will require showing a connection between your slip and fall injuries and where the accident occurred.
You should report your injury immediately to your supervisor. New York law requires you to provide a written report of your injuries to your employer within 30 days. Once your employer is notified of the accident, the New York State Workers’ Compensation Board requires them to report the incident to the Board and the employer’s insurance carrier within ten days of your accident. Not reporting the accident is considered a misdemeanor under New York law.
Even if you ultimately suspect that your employer may not be responsible for your injuries, you will still want to make a written report of the accident. New York law gives you up to three years from the accident date to file a personal injury claim, so you will want to be able to refer back to a document that was created around the same time as the accident.
Seek Medical Treatment
New York law allows you to seek medical treatment from a provider of your choice. However, the provider must be authorized by the Workers’ Compensation Board unless it is an emergency situation. Keep all original medical records and follow your doctor’s orders.
File a Claim
If you slip and fall at work, you may be able to file a workers’ compensation claim, a third-party personal injury claim, or both.
Workers’ Compensation Claim
Workers’ compensation is a no-fault insurance system that provides medical and partial wage replacement benefits to employees who are injured while working. Nearly all NYC employers are legally required to maintain this type of insurance.
To recover compensation, you have to follow procedural guidelines, but you don’t have to prove that your employer was negligent. However, you lose the right to sue your employer. But if someone else caused your accident, you may still be able to sue that person as part of a third-party personal injury claim.
Third-Party Personal Injury Claim
In some situations, a third party may be responsible for your injuries and may be legally responsible for providing compensation for them.
Examples of when a third party may be responsible for your slip and fall injuries include:
- You are a construction worker, and the general contractor failed to provide a safe work environment
- The property owner where you were working on-site was negligent and caused the accident
- A product was defective and caused your accident, such as a rug or piece of equipment that leaked
If a third party is to blame for your accident, you can pursue compensation for the full extent of your damages, which might include:
- All current, past, and future medical bills stemming from your injury
- The full value of your lost wages
- Any loss or reduction in your long-term earning capacity
- Pain and suffering
- Disfigurement and scarring
- Mental anguish and emotional distress
- Loss of enjoyment of life
However, to recover compensation, you will need to show that the third party was negligent in causing the accident that led to your slip and fall.
Contact a Lawyer for Help if You Slipped and Fell at Work in New York City
Whether you need to file a workers’ compensation claim or a third-party claim, a personal injury lawyer can help. An attorney can help investigate your accident and handle communications with the other involved parties so you can focus on your recovery.