Slips, trips and falls are among the most common causes of workplace injuries. If you have suffered an injury from a trip and fall accident at work, you may be wondering if you can hold your employer legally responsible. Here’s what you need to know about trip and fall claims and employer liability.
Employer Responsibilities for Workplace Safety
Employers have a duty under federal and state occupational safety laws to provide a hazard-free work environment. This includes taking reasonable precautions to protect employees from slip, trip and fall hazards. Specific responsibilities may include:
- Keeping floors, aisles and walkways clear of clutter, spills and other dangers
- Promptly cleaning up spills and fixing any floor hazards like loose carpeting
- Providing adequate lighting in all work areas
- Putting up warning signs for wet floors or other known hazards
- Ensuring stairs and ramps have secure handrails
- Requiring proper footwear for the job environment
If an employer fails to fulfil these responsibilities and an employee gets injured as a result, the worker may have valid grounds for a trip and fall injury claim.
Proving Employer Liability
To win compensation for a slip and fall accident at work, you must prove:
- The employer breached a duty to keep the premises reasonably safe
- The employer knew or should have known about the hazard
- The hazard directly caused your injuries
For example, if you tripped on a wrinkled carpet that facilities had been asked to fix repeatedly, you would have a good argument for employer liability. On the other hand, if you slipped on a freshly mopped floor with wet floor signs present, it may be harder to prove the employer was negligent.
Employer Defenses Against Trip and Fall Claims
Even when there is a clear hazard, the employer may try to avoid liability by claiming:
- The employee was not following safety protocols
- The employee knew about the hazard but failed to avoid it or notify the employer
- The employee’s own negligence contributed to the accident
For instance, an employer may argue that a worker who trips while texting and walking is partially at fault.
Documenting the Hazard and Injuries
To rebut employer defenses, you need strong evidence proving exactly where and how the fall occurred, the resulting injuries and the employer’s prior knowledge of the hazard. Photos, witness statements, work orders and medical records can all help substantiate your claim. Promptly reporting the incident and seeking medical treatment right away also helps demonstrate it happened at work.
Receiving Compensation for Trip and Fall Injuries at Work
If you successfully prove employer liability, you may recover damages for:
- Medical expenses, both initial treatment and ongoing care
- Lost income from being out of work
- Reduced earning capacity if disabled long-term
- Pain, suffering and emotional distress
- Permanent impairments like scarring or reduced mobility
In severe cases where negligence is clear, additional punitive damages may be awarded.
Consult an Experienced Attorney About Your Claim
Proving a premises liability claim and getting full compensation usually requires an experienced personal injury attorney’s help. Key legal issues like causation and comparative negligence are complex. An attorney can thoroughly investigate your accident, build the strongest case possible and determine the full value of your damages. They can also handle negotiations with insurance companies to get you a fair settlement.
Don’t hesitate to discuss your potential trip and fall injury claim with a qualified local attorney today. With legal representation and evidence supporting employer liability, you can seek the maximum compensation you deserve.
Additional Considerations
When filing a trip and fall claim against an employer, there are some additional factors to keep in mind. Here are a few key considerations:
- Government Immunity – If you work for a government agency, the agency may be immune from liability unless they purchased commercial insurance. Discuss this with your attorney.
- Workers’ Comp – In some cases, workers’ compensation may provide some benefits for medical care and lost wages. But compensation is often limited, so a liability claim against the employer can provide additional recovery.
- Third Parties – Sometimes a third party like a vendor or contractor created the hazard. They could share liability with the employer.
- Safety Reviews – Your attorney may recommend an expert conduct a safety review of the premises to identify all hazards. This further bolsters your claim.
- Witness Interviews – Interviewing coworkers who may have seen the hazard or your fall is crucial. Memories fade quickly, so act fast.
- Deadlines – Most states limit the time you have to file a trip and fall injury claim. Don’t delay discussing your case with us.
With us on your side, you can feel confident your rights will be protected and you will receive full and fair compensation for your damages.
Visit one of our offices at:
- 2005 West Main St. Tupelo, MS 38801
- 406 Galleria Dr., Suite 7 Oxford, MS 38655
- 1671 Lelia Dr Suite B, Jackson, MS 39216
- 5100 Poplar Ave., Suite 2700 Memphis, TN 38137
Call us today for a free consultation on (888) 484-1476.
