Protecting Your Rights After A Slip and Fall at Work
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Protecting Your Rights After A Slip and Fall at Work
When you have suffered a slip and fall at work, you have legal rights to file claims for compensation and money damages in one or more of the following ways. First, if you are an employee, then you can file a Workers’ Compensation claim against your employer for medical and wage loss benefits. Second, if you are an independent contractor or if your employer did not have Workers’ Comp insurance or if your employer intended to injure you, then you can also file a claim for pain and suffering compensation against your employer. Finally, if your slip and fall injury at work was caused by a negligent third party – who is not your employer or a co-worker – then you can sue the third party for your injuries, pain and suffering.
In 2022, the most recent year for which data is available, 865 workers died from falls on the job and hundreds of thousands more suffered serious injuries, according to the National Safety Council. If you are among the thousands who suffer a workplace fall, knowing how to secure your case is critical. Taking the wrong actions puts your right for fair compensation at risk.
The experienced attorneys at Michigan Slip and Fall Lawyers can help you get the full compensation, Workers Compensation benefits and money damages you are legally entitled to after a slip and fall at work. We have the specialized knowledge, skill and proven track record of success in workplace slip and fall cases to hold negligent employers and third parties fully accountable for all of the harms and losses they cause.
Our nationally recognized attorneys, who specialize exclusively in maximizing the settlement value of slip and fall cases like yours, are available to help you wherever your slip and fall at work accident happened. We can join forces and co-counsel your case with the top trial attorneys in your state or we will connect you with a premises liability lawyer who holds himself or herself to the same high professional and ethical standards that we do.
We are here to help you – wherever and whenever you need us.
Knowing Your Next Steps After a Slip and Fall at Work
Falling at work can lead to severe and long-term health problems. The steps you take immediately after a fall can mean the difference between getting fair compensation for your injuries or not. There are deadlines to meet and forms you must fill out correctly in the days ahead to protect your rights. From gathering evidence to contacting the right people, here is what you need to do after you fall at work:
Seek Immediate Medical Attention
After a workplace slip and fall, seek medical attention immediately, even if you do not believe that you are injured. This starts your physical recovery and a paper trail documenting your injuries. Follow your doctor’s treatment plan strictly, including any work restrictions.
If you are advised not to return to work, follow your doctor’s instructions. This is essential for your medical recovery and your healing process. It will also protect your rights to Workers’ Compensation benefits and to seek pain and suffering compensation when the circumstances permit such a recovery. Provide your employer with any and all documentation of any work restrictions that have been ordered by your doctor.
Report the Incident to Your Employer
After your medical care is underway, report your slip and fall accident to your employer. Under Michigan’s Workers’ Compensation law, you must provide notice of your injury to your employer within 90 days of the injury’s occurrence. (MCL 418.381(1)) Reporting promptly is essential to the success of your claim because it allows you to officially document what happened while the events are fresh in your mind. It also makes it difficult for your employer to dispute the truthfulness of your version of events by claiming that someone who is “truly injured” would not have waited so long to file a claim.
Gather Evidence from the Accident Scene
If possible, gather evidence on the same day as your accident. Use your smartphone to take photos or videos of what caused your accident and any hazardous conditions that contributed to your fall.. Collect statements from witnesses and get their contact information to include in your claim. Finally, it will be very important for you and your lawyer to file a preservation demand with your employer and the property owner which requires them to preserve any surveillance or video footage of your accident.
These steps must happen quickly because evidence can be easily destroyed and witnesses can forget what they saw.
Documenting the Accident and Your Injuries
Keep detailed records of your injuries, any medical treatment you receive, prescriptions and the resulting expenses. Don’t forget to write down expenses for things like travel or co-pays. You can get compensated for these items if you have proper documentation.
As you move through these steps, keep careful records of all injury-related expenses. These will become part of your case. If there is additional evidence to gather apart from the photos you took, keep it as well.
Consult With An Experienced Slip & Fall Lawyer
After a slip and fall accident, you need an experienced slip and fall attorney who specializes in premises liability litigation. This is one of the most important things you can do to protect your legal rights to compensation and money damages.
Your lawyer will have the “know how” to identify all of the parties who are legally responsible for your accident, to bring to light all of the responsible parties’ financial resources, assets and insurance coverages that can be used to pay the compensation and money damages you are legally owed, and to investigate any and all possible basis for filing a pain and suffering claim against your employer.
Your lawyer will help you gather the evidence to prove that the negligence of your employer and possibly third parties is what created the dangerous condition that caused your slip and fall injury.
Your lawyer will serve preservation letters on your employer or to the negligent third-party to prevent them from destroying critical evidence of their negligence and to require them to preserve this evidence for you to view, evaluate and use in your slip and fall case for compensation, medical expenses and lost wages.
And, very importantly, your lawyer will help you fight to get full compensation, money damages and benefits for your injuries.
Filing a Workers' Compensation Claim
Remember that in the case of slip and fall accidents at work, your liability is not a factor. You can file a claim if you slip and fall on the job, even if you were partially to blame in most cases.
Once your legal team is on board, you are ready to file a workers’ compensation claim. Remember, you must report your accident within 90 days of its occurrence.
After that, you have up to two years to file a workers’ compensation claim (MCL 418.381(1)) or 3 years to file a lawsuit for pain and suffering compensation (MCL 600.5805(2)) if you are suing a third party or if you were an independent contractor, or if your employer did not have Workers’ Comp insurance, or if your employer intended to injure you.
To file your claim, have the following documentation ready:
- Photographs of the accident
- Witness statements
- Injury documentation
- Medical treatment documentation
- Anything proving negligence of your employer, if applicable
Remember that in the case of slip and fall accidents at work, your liability is not a factor. You can file a claim if you slip and fall on the job, even if you were partially to blame in most cases.
Understanding Your Rights as an Injured Worker
If you suffered a slip and fall injury at work, you will likely have the right to file a Workers’ Compensation claim against your employer which will help pay for your medical expenses and lost wages. Depending on your employment status and other facts surrounding your fall, you may also have the right to file a claim for pain and suffering compensation against your employer and any other responsible third party.
Generally, if you were an “employee” of your employer at the time of your work slip and fall accident, then your only legal recourse against your employer will be to file a Workers’ Comp claim which will help you pay for your medical expenses and will reimburse you for lost wages.
This is because most states – including Michigan – have what is called an “exclusive remedies” provision which only allows an injured worker to “sue” his or her employer for injury-related medical expenses and lost wages and earnings. There are a few, very limited exceptions to these “exclusive remedy” provisions, but generally workers who are injured in a slip and fall accident in the workplace are prohibited from suing their employer for compensation for their pain and suffering.
That said, here are the exceptions to the “exclusive remedies” rule under which you may be able to bring a lawsuit for pain and suffering against your employer or a third party after you have been injured in work slip and fall accident:
- You were an independent contractor, not an employee – The Workers’ Comp laws, including “exclusive remedy” provisions, only apply to workers who qualify as “employees” of an employer. If a worker is an independent contractor, rather than an employee, then he or she is not covered by the Workers’ Comp laws and – very importantly – he or she is not bound by an “exclusive remedy” provision, meaning the worker can sue his or her employer for pain and suffering compensation. Most states consider multiple factors in determining whether a worker qualifies as an “employee” and, thus, is subject to a state’s Workers’ Compensation laws, but one of the key factors in making that determination is whether a worker’s employer is required to withhold federal income tax from the worker’s paychecks. (MCL 418.161(1)(n))
- Your employer did NOT have Workers’ Compensation insurance as he or she was required to by law – Most states, including Michigan (MCL 418.611), require employers to maintain valid Workers’ Compensation insurance to cover injured workers’ medical expenses and lost wages in the event of a workplace accident. Similarly, most states also provide that workers who are injured on-the-job while working for an employer who does not have Workers’ Comp insurance can sue their employer for pain and suffering compensation and that the state’s “exclusive remedy” provision does not limit them to only filing a Workers’ Comp claim.
- Your employer intentionally caused you to suffer a work slip and fall injury – In Michigan, when a worker’s slip and fall injury is the result of an “intentional tort” by the employer, the limitations of the Workers’ Comp law’s “exclusive remedy” provision do not apply and the injured worker can sue the employer for pain and suffering compensation as well as medical expenses and lost wages. (MCL 418.131(1)) The law does not provide an exhaustive list of examples of what constitutes an “intentional tort,” but the law does state that an “intentional tort shall exist only when an employee is injured as a result of a deliberate act of the employer and the employer specifically intended an injury.” The law also states that “[a]n employer shall be deemed to have intended to injure [the worker] if the employer had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge.”
- Your injury was caused by a negligent third party – If the negligent party who caused or contributed to your slip and fall injury at work is a third party, i.e., someone other than your employer or a co-worker, then you can sue the negligent third party for compensation for your pain and suffering as a result of your injuries. Most states – including Michigan (MCL 418.827(1)) – have a “negligent third party” rule in their Workers’ Compensation laws.
Call on Our Experienced Attorneys for Your Work Slip and Fall Case
Michigan Slip and Fall Lawyers is the state’s most successful and experienced law firm that specializes exclusively in slip and fall accidents. Our attorneys have successfully litigated over 300 premises and slip and fall accident cases throughout the state of Michigan, including several cases that were reported in Michigan Lawyers Weekly newspaper for being the largest reported slip and fall settlement or trial verdict for the year.
Our attorneys have the experience, specialized knowledge, and reputation with the insurance companies to get you and your family the best possible settlement in your premises liability case.
Our attorneys are nationally recognized speakers and they have taught thousands of lawyers across the U.S. how to successfully investigate and litigate slip and fall and premises liability cases.
Finally, and perhaps most importantly, our attorneys are here when you need us. We are available 24/7 to take your call so you can get skilled legal help when you need it and as quickly as possible.
MICHIGAN SLIP AND FALL LAWYERS
Frequently Asked Questions About Protecting Your Rights After A Slip and Fall at Work
To get answers to your questions, please read our FAQs or call us for a free consultation now for immediate help.
How long do you have to report a work injury?
Michigan gives employees 90 days to report a work injury to their employer. They have two years to file a claim or lawsuit.
What happens if you can't return to work after a slip and fall injury?
If you can’t return to work after your injury, you will likely be eligible to receive Workers’ Compensation lost wages benefits to help reimburse you for the wages you would have earned if you had been able to return to work. If you were an independent contractor (and not an employee) or if your slip and fall injury was caused by a negligent third party, then you may be able to sue for lost wages in a negligence lawsuit.
What if my employer denied my workers' compensation claim?
You can appeal a denied workers’ compensation claim. In Michigan, you must file the Application for Mediation or Hearing form.
Get Help Today From the Best Michigan Slip and Fall Lawyer for Your Case
You do not have to go it alone after your slip and fall accident. Let attorney Tim Holland help pick you up, get you back on your feet, and help get you the compensation and economic recovery you need to start rebuilding your life.
Tim prides himself on treating each and every client with care, compassion, and respect. Tim goes the extra mile to be available when his clients need him. Tim will ALWAYS return your calls and emails and answer all of your questions.