When employees must move around on the job, they face several dangers. If you have been injured in a work-related fall, the workers’ compensation system is there to protect you and provide you with benefits. However, there may be several legal issues relating to your claim, including the possibility that it could be denied in the first place. Contact the attorneys at Williams & Roche to learn more about how we can help you.
Fall Hazards That Employees Face at Work
Slip-and-fall accidents are among the most common workplace injuries. According to government statistics, 18% of accidents that resulted in days missed from work were caused by slips, trips, and falls. All it takes is one wrong step for an employee to lose their balance and suffer a serious fall injury.
There are numerous hazards present in your workplace at all times. The job itself can be hazardous enough without someone creating additional dangerous conditions that can injure you. Common causes of workplace slip and fall accidents include:
- Debris or equipment left in the worker’s walking path
- Slippery floors when people track in moisture from the outside
- Spills of chemicals or other slippery substances
- Broken or cracked concrete
- Loose strings on carpeting
Employers are responsible for providing a safe workplace. They must also train their employees to recognize potential fall dangers. However, employers do not always heed their obligations because they do not want to take away productivity.
Fall Injuries Can Be Very Serious
When you fall, your body suddenly and violently moves in a very awkward motion. Then, parts of your body may make contact with a hard surface. While falls are one of the most common workplace hazards, your injuries are anything but common. You could be out of work for a very long period if you are even able to work again at all.
Common slip and fall injuries include:
- Fractures and broken bones
- Traumatic brain injuries
- Soft tissue injuries
- Back and neck injuries
- Spinal cord injuries
- Lacerations and contusions
Broken hips are a common result of falls at work. The hip is a crucial joint of your body, and it may never fully recover from the effects of a traumatic injury.
Regardless of the injury that you have suffered, you may be able to receive workers’ compensation benefits when the accident occurred on the job.
Can I Sue a Third Party for Compensation for a Fall at Work?
The one certainty is that you cannot sue your employer in a personal injury case under South Carolina law. This holds under practically every circumstance. However, your attorney would still review your case to help you determine whether there is a third party you can sue. It is possible to sue someone other than your employer if they were to blame for your accident.
One common scenario is when your job takes you off the premises to someone else’s property.
If you are injured in a fall there, you may be able to sue the property owner if they were negligent. You may also be able to file a lawsuit if someone else was responsible for the dangerous condition that caused your fall in your workplace.
When you sue a third party for a slip and fall accident, you must prove they were negligent. In a slip and fall lawsuit, negligence can mean one of two things:
- The defendant was the one who created the dangerous conditions themselves
- Someone else created the dangerous condition, and the defendant failed to fix it within a reasonable amount of time after they knew or should have known about it.
Even if you cannot sue a third party, you can always file for workers’ compensation benefits because it is a no-fault system. You may consider filing a claim, even if you are filing a lawsuit, and then the insurance company would be reimbursed if and when you win your lawsuit.
What to Do After a Work Fall
There are two things that you need to do after you have been injured in a fall at work before you can even seek workers’ compensation benefits. The first thing is that you must report your injury to your employer. This is an absolute requirement under workers’ compensation law. South Carolina law specifies that you report your injury to your employer within 90 days of it occurring.
Preferably, you should do this in writing so you have a record, and nobody can contest that you met this requirement.
Then, it is also crucial that you seek medical attention close to when you were injured. This way, you can better connect your injuries to the actual fall. If you wait too long, the insurance company may claim that your injuries came from something else and not your fall, or that you suffered from a pre-existing condition.
Finally, you should consider hiring a workers’ compensation attorney to help with your claim.
Even if you choose to pursue your claim on your own, you would need an attorney if your initial claim is denied, and you need to file an appeal.
Contact a Slip and Fall at Work Lawyer in Columbia, SC
The attorneys at Williams & Roche have five decades of combined experience helping injured workers like you navigate the workers’ compensation system. It is not always easy to get full benefits, even if you think that you deserve them. We are always ready, willing, and able to talk to you and help get you on the road to workers’ compensation benefits or a settlement. You can schedule a free initial consultation with one of our attorneys by sending us a message through our website or by calling us today at 803.784.0503.
