Is My Employer Liable if I Slip and Fall at Work?

Your employer may be liable if you slip and fall at work, but only under certain circumstances. If your employer doesn’t have workers’ compensation insurance, you could be eligible to file a civil suit. That said, if your employer does have a workers comp policy, you can file a workers’ comp claim to get the money you need to recover.

Determining whether a workers’ comp claim or lawsuit is the right choice can be difficult. Fortunately, a New York slip and fall lawyer can review your case and advise you on your best course of action. Let’s take a closer look at when your employer can be held liable for a slip and fall accident.

When Is My Employer Liable for a Slip and Fall at Work?

There are several situations where your employer can be held liable for injuries and losses caused by a slip and fall accident. First off, if your employer doesn’t have workers’ comp insurance, you may be able to file a lawsuit against them to get the damages you’re owed.

According to New York’s workers’ compensation coverage requirements, all employers in the state must provide workers’ comp coverage to their employees. If your employer failed to purchase such insurance or their coverage has lapsed, they can be held liable for a slip and fall accident.

Your employer may also be held liable for a slip and fall at work if they intentionally caused your accident. While it might sound outlandish that your employer would intentionally try to hurt you, you could have grounds for a civil suit if that’s the case.

What Do I Do if My Employer Can’t Be Held Liable for a Slip and Fall?

Fortunately, you can recover compensation for most workplace accidents without taking legal action against your employer. If your employer has workers’ comp coverage, you can file a claim with their insurance provider and pursue a settlement that meets your needs.

That said, filing a claim properly can be difficult, especially if you’re dealing with a painful and debilitating injury. That’s where an experienced workers’ compensation lawyer can help. An attorney can gather evidence, construct a robust claim, and negotiate a fair payment.

Even when your employer isn’t liable for a slip and fall that occurred at work, you can still get fair compensation. An attorney can calculate how much you’ll need to cover your medical expenses and demand a payment that helps you get back on your feet.

What Compensation Can I Get if I Slip and Fall at Work?

If your employer is liable for your workplace slip and fall, you could receive a number of different damages. A skilled attorney can work with you to determine which forms of compensation you’re owed and how much you should receive from your civil suit.

Depending on your unique circumstances, a successful suit could provide you with any of the following damages:

• Medical expenses
• Physical therapy costs
• Wage loss
• Decreased earning ability
• Physical and emotional pain
• Diminished quality of life

These damages can provide you with the financial support you need to recover from your injuries and move forward with your life after a slip and fall accident. No matter how serious your injury is, you can count on a dedicated slip and fall lawyer to pursue the compensation you need to get your life back on track.

How Long Do I Have To Hold My Employer Liable for a Slip and Fall Accident?

If you plan on holding your employer liable for a slip and fall accident that happened at work, you’ll want to familiarize yourself with New York’s statute of limitations for slip and fall suits. Under CPLR 214(5), you have three years from the date of the accident to file a civil suit against your employer.

If you fail to take legal action before the three-year filing deadline, you could be permanently blocked from pursuing the damages you ended to cover your medical bills and support your recovery process. To give yourself the best chance possible at filing your suit in time and getting the verdict you deserve, you’ll want to hire an attorney ASAP. 

Schedule a Free Consultation With a Trusted Slip and Fall Lawyer

Moving forward after a painful workplace slip and fall injury can be an uphill battle. Fortunately, the team at Morelli Law is here to handle your case and fight for the best outcome possible. Our firm has over 40 years of combined experience, so you can be confident we have what it takes to get the compensation you deserve.

Contact us today to schedule a free consultation with an experienced slip and fall attorney from our firm. We’ll meet with you to discuss your case, determine if your employer is liable for a slip and fall at work, and answer any questions you have about the legal process. We look forward to hearing from you soon.