According to the Bureau of Labor Statistics (BLS), there were 20 fatalities in New York City due to falls, slips, and trips in 2021. Across the U.S., falls, slips, and trips accounted for 16% of workplace fatalities in 2021, and slips, trips, and falls accounted for 18% of all nonfatal incidents in 2020, according to NSC Injury Facts.
For help with slip, trip, or fall claims, turn to New York’s slip and fall lawyer at Pyrros, Serres & Rupwani LLP. Our firm has helped hundreds of injured workers with workers’ compensation claims since opening in 2001. Call us today to schedule a free case evaluation.
Slips, trips, and falls include ground-level falls, such as slipping on wet flooring and falling, and falls from a higher level to a level below, such as a construction worker falling from scaffolding to a floor below. Injuries from falls of any height can be severe or even fatal.
Common injuries from fall incidents include:
Falls can have serious consequences for your long-term health and career prospects. Some injuries leave victims debilitated for years after the initial incident. What can you and your employer do to prevent fall injuries?
According to OSHA, four frequently cited standards in 2021 involved fall prevention and protection. Number one on the list are citations for fall protection in construction, while other citations include ladders, scaffolding, and fall protection training.
What are some other common ways that people sustain injury in slip, trip, and fall accidents at work? Some common scenarios include:
So does workers’ comp cover slip and fall accidents at work, and do you need to prove that your employer was negligent to request coverage?
Slips, trips, and falls can severely impact a worker’s ability to earn a living. When an employee can’t return to work or can only perform work in a limited capacity after sustaining an injury on the job, they can file a workers’ comp claim.
To start your claim, you must notify your employer of the incident within 30 days, although sooner is often better. Qualifying for workers’ compensation is as simple as being a regular hourly or salaried employee who suffered an injury at work. However, many employers may try to misclassify employees as independent contractors, who don’t qualify for workers’ comp.
You will also need to prove that you sustained the injury while performing work for the company’s benefit with the appropriate medical documentation. Having an experienced slip and fall accident lawyer from our firm helping you manage your claim and filing the appropriate paperwork with the correct offices can help you pursue a successful decision from the New York State Workers’ Compensation Board.
If approved, workers’ compensation will cover medical expenses associated with your injury, some of your lost wages up to the monthly cap, or survivor benefits for death claims.
When is your employer liable for your injuries, and are there circumstances when a third party could contribute to your injuries?
If your employer does not have workers’ compensation insurance, you may be able to file a workers’ compensation claim or a personal injury lawsuit against them for negligence. However, you will have to prove that your employer was negligent.
For example, if your office recently installed a new carpet, but the installer didn’t install it correctly, and there’s a large wrinkle that you tripped over, your employer could be liable for not calling the installer back to fix the problem. Alternatively, a third party could be liable; for example, if your employer had a scaffold installed and it wasn’t built with appropriate guard rails, the scaffolding company could share liability for your injuries if you fall off the scaffold.
Liability and negligence depend on who had the responsibility to maintain safe working areas and who failed in their responsibilities to keep a work area safe. An attorney from our firm at Pyrros, Serres & Rupwani LLP can help you gather the evidence you need to file a lawsuit for a workplace injury if your employer doesn’t have workers’ compensation insurance.
Injuries of all kinds can happen when you’re at work, no matter what industry you work in. From slip and falls to lifting, pushing, and pulling injuries, electrocution, or vehicle accidents, there are many types of injuries you might sustain at work.
When you need to speak with an experienced injury attorney for slips, trips, and falls at work, call Pyrros, Serres & Rupwani LLP at (718) 626-7730 or contact us online to schedule a free case evaluation at one of our offices in the greater New York Metro.
For questions about slips, trips, and falls at work, check out our FAQ.
Workers’ compensation will cover injuries sustained by regular employees at work. Independent contractors do not qualify for workers’ comp benefits, and injuries sustained outside of work do not qualify.
Offering workers’ compensation insurance protects employers from lawsuits by employees injured at work. If your employer failed to have a workers ’ compensation insurance you may be able to file a negligence case against them. In addition, third-party liability may allow you to file suit against a negligent third party.
You have 30 days to notify your employer about your slip, trip, or fall. You have two (2) years to file your claim with the NYS Workers’ Compensation Board.