What injury is most commonly the result of a slip and fall?
Contrary to popular belief, you don’t necessarily have to hit the ground to suffer an injury after slipping on a wet floor or tripping over an object in the workplace. Your body might be jarred forward and back or side-to-side, resulting in whiplash or muscle strain.
In addition to these injuries, the following are other types of injuries that are commonly seen in slip and fall incidents:
- Back injuries, such as herniated discs or even permanent spinal cord injuries
- Concussions, brain bleeds, fractured skulls, and other traumatic brain injuries
- Ankle sprains
- Contusions and lacerations
- Broken bones
- Internal bleeding and organ damage
- Pulled muscles and torn tendons
Keep in mind that it’s possible to suffer more than 1 injury as a result of a single slip and fall incident, some of which can be permanent. Brain injuries, internal bleeding, and spinal cord injuries in particular aren’t always immediately apparent, so it’s crucial to seek medical care and address any emerging symptoms immediately.
If you experience any new or worsening symptoms after seeking initial medical treatment, it’s crucial that you visit the nearest emergency room for further testing.
What workers’ comp benefits am I entitled to after a slip and fall accident?
Your employer’s workers’ compensation insurance is set up to provide benefits if you suffer an on-the-job injury. This insurance is no-fault insurance, which means that in most cases, eligible employees are entitled to compensation after an injury, even if the slip and fall accident was their fault.
The different types of workers’ comp benefits include:
- Medical benefits. All necessary medical bills and treatment related to your work injury are paid for by workers’ comp.
- Wage loss benefits. Workers’ comp also provides wage replacement benefits (typically two-thirds of your average weekly wage) if you have to take time off during recovery and are losing wages.
- Vocational rehabilitation benefits. If your injury prevents you from returning to your previous job, workers’ comp may cover the costs of vocational training or job placement assistance to help you find new employment.
- Death benefits. In the unfortunate event that a work-related injury results in death, workers’ comp provides financial support to the surviving dependents, including funeral expenses and ongoing financial assistance.
Keep in mind that while you won’t be required to prove the accident was anyone’s fault, you do need to be able to prove that any injuries you sustained were work-related.
While this is typically fairly straightforward if the accident occurred at work while you were performing your work duties, it’s essential that you seek immediate medical care to ensure you have documentation linking any injuries directly to your job.
What steps should I take after a slip, trip, or fall at work in NC to get workers’ comp benefits?
If you’ve been injured at work in North Carolina due to a slip and fall or any other type of accident, it’s important to take these steps to get workers’ comp benefits:
- Seek medical attention. When you seek medical treatment after tripping or falling at work, it creates written documentation of the incident (which is essential for a successful claim) and helps identify any unseen injuries so you can begin treatment. If possible, photograph your injuries and the area where the accident took place before leaving the scene.
- Report your injury to your employer. In most cases, this must be done in writing within 30 days to be eligible for workers’ comp.
- File a workers’ compensation claim. To officially file for benefits, you will need to submit Form 18 to the North Carolina Industrial Commission to start your claim. You should do this as soon as possible, but no later than 2 years from the date of your accident.
If your claim is denied or you want help determining how much compensation you may be entitled to, reach out to an experienced workers’ compensation attorney to ensure your rights are protected.
When can I sue a third party after a slip and fall at work?
In most cases, North Carolina law prohibits you from suing your employer after a workplace accident that resulted in an injury if you accept workers’ comp benefits. However, there are some exceptions to the rule.
For instance, if your employer failed to purchase the required workers’ compensation insurance, then you might be able to file a civil claim against them. Another exception might be if your employer committed an intentional, reckless act or an act of violence that resulted in your injuries.
But what if someone other than my employer was responsible for my injury? If a third party, someone other than your employer, is responsible for your injuries, you may have grounds for filing a third-party personal injury claim in civil court if you can prove that their actions directly resulted in your accident.
For example, if you were injured due to a defective piece of equipment, you might file a lawsuit against the manufacturer of the equipment. Similarly, if a subcontractor’s negligence caused your injury, you could potentially sue that subcontractor.
A third-party personal injury claim can provide compensation for damages that workers’ comp does not cover, such as pain and suffering, emotional distress, and loss of enjoyment of life. But proving negligence in these cases is often complex, so it’s crucial that you consult an experienced work injury attorney to help you navigate your claims and ensure you receive the full compensation you’re entitled to.
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