If you slip and fall in the workplace and sustain an injury, you can file a workers’ compensation claim. Workers’ compensation laws protect employees who are injured on the job. You’ll receive compensation upon approval of your claim.
To be more specific, workers’ compensation claims are designed for injuries and illnesses directly related to your duties at your place of employment. Unlike a civil lawsuit, there is no need to prove the fault or carelessness of your employer. If you are injured due to your own fault, you are not automatically disqualified from workers’ compensation benefits. As long as the injury or illness is sustained while you are engaged in the course and scope of your job, you are entitled to a claim.
How to Qualify
If you are injured while working, immediately notify your supervisor. You probably qualify for workers’ compensation. However, if you are injured during the work day when you are engaged in activities that are not a part of your job, then you may not have a claim since you were not directly engaged in duties for your employer. The same is true if you are traveling to or from work. However, if travel is a part of your work, then you will probably be covered by workers’ compensation insurance.
Third Party Lawsuits
Injuries sustained at your job may be covered not only by the workers’ compensation system in your state, but also under what is known as tort law. If a condition created by a third party caused you to slip and fall you may have a legal complaint (lawsuit) against that third party. To make sure you have standing to sue (file a lawsuit), speak with a personal injury attorney in our firm.
Elements of the Claim
You do not have an unlimited amount of time between your injury and the time you file a workers’ compensation claim. Filing within the prescribed period of time will protect you from becoming ineligible for benefits. Additionally, make sure that you have all evidence documented and that the injury is a result of your work duties. A personal injury lawyer can assist you in the filing of your claim.
Whether you have a workers’ compensation claim or you need to file a lawsuit against a third party, seek legal counsel from one of our personal injury lawyers. Your lawyer will assist you in all aspects of your lawsuit or workers’ compensation claim.