Slip and Falls in Workers’ Compensation Cases

Diligent employers take important steps to reduce the chances that their employees will be injured in the course and scope of their employment.  These steps may include keeping equipment up to date, forming safety committees, and providing regular training to make sure employees are aware of safety features on industrial equipment.  Despite the most diligent efforts to avoid injuries and risks to employees, injuries will often happen anyway.  One of the most basic types of injuries is that sustained after a “slip and fall.”

Slip and fall injuries are not uncommon in any profession, but those where workers spend a lot of time on their feet, such as retail or food service.  Like other industrial injuries, if an employee can demonstrate that he or she sustained injury after falling during the course and scope of their working duties, then he or she may be entitled to workers’ compensation.  For example, a food server who slips and falls on a wet floor in the dishwashing area of the restaurant during a shift could have a valid claim for workers’ compensation.

It should also be noted that slip and fall cases are common in tort law.  Customers or visitors can sue a business or property owner if they sustain injury after falling.  In those cases, the injured person will have to show that the conditions that led to the fall were caused by the business or property owner’s negligent or even intentional conduct.  However, workers’ compensation is a “no fault” system.  This means that the injured employee will not have to show that the conditions that led to the injury were caused by the employer’s negligence.  The employee will only have to demonstrate that the injury was sustained in the course and scope of the worker’s duties.  Note that depending on the duties of the employee, it is not necessary that the injury be sustained while the employee is physically at the employer’s place of business.  For example, if the worker is a courier who slips and falls while making a delivery for the employer, then the injured employee can seek benefits under workers’ compensation.

We have extensive experience helping our clients understand their rights and responsibilities with regard to their employees.  Call us today for a consultation.

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