Workplace Slip & Falls | Hecht, Kleeger & Damashek, P.C.

Slip and fall accidents are among the most common injuries seen in the workplace. Whether you fall from a scaffold or another elevated surface, trip over debris, or fall due to insufficient lighting, you can seek compensation for your losses.

However, you may need the legal guidance and support of a New York personal injury lawyer from Hecht, Kleeger & Damashek, P.C., to help you navigate the claims process after a slip and fall accident at work.

Slip and Fall Accidents in New York

Slip and fall accidents come in many forms. Any time you trip, slip, or fall on someone else’s property, you might have grounds for a claim.

You can trip anytime you get your foot caught in something, while falls refer to accidents that cause you to fall to the ground. For example, if you were working on a construction site and tripped over some debris, you might have grounds for a claim.

Other examples of slip and fall accidents include:

  • Slipping due to a spilled toxic substance or chemical
  • Unsecured cables across a pathway
  • Lack of sufficient lighting in a slippery area

Slip and Fall Accidents at Work

The cause of a slip and fall at work will determine what legal options are available. Generally, this means filing for workers’ compensation or a third-party liability claim. Workers’ compensation does not require you to prove negligence, but it may not cover everything you lost. You could pursue a third-party claim if someone else’s negligence contributed to your slip and fall injuries.

The top causes of work-related slip and falls include:

  • Scaffolds accidents
  • Falls from heights
  • Wet floors
  • Broken walkways
  • Unsecured flooring
  • Stair accidents
  • Environmental conditions
  • Poor visibility

Injuries Caused By Slips and Falls

The injuries you can endure in a slip-and-fall accident can vary widely based on the cause of the incident. Some people only suffer minor injuries after a slip and fall at work, while others may find their lives turned upside down by the significance of their injuries.

The common injuries seen in on-the-job slip and fall accidents include:

  • Brain trauma when your head hits the ground.
  • Shattered and broken bones from the impact.
  • Loss of limbs and spinal cord injuries.
  • Paralysis occurs if the vertebrae are torn or severed.
  • Road rash and other burn injuries.
  • Post-traumatic stress disorder (PTSD) from the trauma.
  • Soft tissue injuries, including whiplash.

What To Do After a Slip and Fall Accident?

After being injured in a slip-and-fall accident at work, you may not be sure where to start. The initial steps are critical for maximum compensation. Start by reporting the accident to the necessary parties. This might mean calling emergency responders and filing an accident report at work.

While you wait for the paramedics or police to arrive, do what you can to document the scene and gather evidence. This might include getting all involved parties’ names and contact information, writing down manufacturer names, taking photos of your injuries, and video footage of the accident scene.

Next, obtain a medical evaluation to rule out invisible injuries and get treatment. This is crucial, as having evidence to support the severity of your slip and fall injuries that begin immediately after the accident can only help your case. If you do not get medical help right after, you can expect the defense to argue that you are exaggerating the extent of your injuries or that your injuries were caused in another way.

Contact a slip and fall accident attorney as soon as you can. They can take over the legal details of your case while you recuperate. This will involve investigating the accident, calculating the value of your claim, and identifying liable parties. From there, a lawyer will file the insurance claims and advocate for your rights in a third-party liability lawsuit.

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Who’s Responsible for a Slip and Fall at Work?

Carefully investigating the cause of your on-the-job slip and fall accident can reveal who is responsible for your injuries. Generally, anyone whose negligence contributed to your injuries can be held accountable. These could include:

  • Your supervisor
  • The owner of the property where you work
  • Your manager
  • The company you work for
  • Your colleagues
  • Equipment manufacturers
  • Safety inspectors
  • Maintenance professionals
  • Other third parties

Compensation after a Slip and Fall Accident

You can recover compensation for the damages related to a slip and fall accident in multiple ways. The goal is to maximize your compensation so your needs are met and you can get better.

Generally, you can pursue two types of damages after a slip and fall. These are your economic and non-economic damages.

Economic damages describe monetary losses and consist of:

  • Lost wages
  • Diminished earning capacity
  • Loss of employee benefits
  • Medical equipment costs
  • Medical device fees
  • Healthcare
  • Future medical treatment and expenses
  • Personal property damages

Non-economic damages describe how your life has been affected by slip and fall injuries. Examples include:

  • Reduced quality of life
  • Loss of an intimate spousal relationship
  • Physical pain and suffering
  • Inconvenience
  • Professional reputational damages
  • Emotional distress and trauma
  • Disfigurement and skin scarring

How To Seek Compensation for a Slip and Fall Accident?

You have the right to total compensation for your damages. However, there are various ways you could go about seeking restitution.

  • Filing a third-party liability claim – When another party’s negligent actions have caused your work-related slip and fall accident injuries, pursuing a civil lawsuit against the at-fault party is one of the best ways to recover your damages.
  • Filing a claim with the insurance company – Depending on the slip and fall accident type and the liable party, you might be able to file a claim with the insurance company. Insurers typically cover medical costs, personal property damages, and other economic losses. However, their payouts depend on the coverage the policyholder purchased.

You could qualify for workers’ compensation if you’re injured at work. But if another’s negligence is the cause, you stand a better chance of getting your damages covered in a third-party liability claim.

A Personal Injury Lawyer Can Help After a Slip and Fall at Work

Having a personal injury lawyer advocate for you will be crucial after a work-related slip and fall accident. Your lawyer will be responsible for investigating the cause of your injuries, gathering evidence to support your case, and accurately calculating your claim’s value so you can recover the compensation you deserve.

We will take steps to ensure your claim is filed before the three-year statute of limitations expires, so you can avoid losing out on the compensation you would otherwise deserve. If the insurance company attempts to offer you a lowball settlement offer, we will be by your side to ensure you are not taken advantage of.

Additionally, if the defense accuses you of sharing liability for your injuries, we will be ready to challenge their allegations to ensure fault is assessed accurately in your case.

Contact a New York Slip and Fall Accident Lawyer Today

You have the right to compensation and benefits if you suffer on-the-job injuries in a slip-and-fall accident. Hecht, Kleeger & Damashek P.C. is here for you. We understand that injuries can happen on the job, but we’re prepared to hold those responsible accountable. Let us help you get the maximum available.

Schedule your no-cost, risk-free consultation with an experienced New York slip and fall accident lawyer, and get started on your case today. You can reach us through our quick contact form or by phone at (212) 490-5700 to learn more about who could be liable for your damages and the value of your claim.

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12/03/2020

It must be stated that I did extensive research and consulted w/ other TOP NYC personal injury firms b4 choosing HKD… BEST DECISION EVER! My case was a Trip N Fall (sidewalk) that resulted in 3 surgeries. Jordan & his…

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