Who Is Responsible In A Slip And Fall Accident?

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Slip And Fall Accidents

Danger is around every corner. Knowing this, avoiding a slip and fall is all about prevention and common sense. Of course accidents happen, but it’s easy to prevent with a few easy steps. Work injuries in New York are not something to worry about luckily, the law is on your side. Things that should have been rectified by employers like torn carpeting, broken handrails, and defective flooring can cause a slip and fall. And sometimes even the most prepared person is subject to Murphy’s Law.

In order to receive workers’ compensation benefits in New York, it is a “no-fault” law, meaning it doesn’t matter who is at fault for the accident. This is fantastic news, because it means you will not have to show proof that you were not being careless, and will also mean that you will not be watched by lawyers thinking you are faking in order to receive workman’s comp. Read on for information on slip and fall accidents.

When A Slip And Fall Accident Is Not Your Fault

Accidents happen, that is inevitable. There’s a plethora of possibilities for how a slip and fall can happen, and sometimes an accident is not through fault of your own. Legally, this is the case if your employer was aware of the dangerous area and blatantly ignored it. Irresponsibility would play a large part in the hazardous conditions, and would make the employer at fault.

There are a variety of ways the employer can be at fault, that includes:

  • neglecting to post signs when the floor is wet
  • spilled substances of any kind do not get cleaned up
  • there is a lack of maintenance on the floors, including loose floor boards, torn carpets, broken handrails, objects in the normal walking path
  • poor lighting
  • cracks in sidewalks
  • lack of maintenance on weather-related spills

Workman’s compensation will provide you benefits no matter who is at fault. But in the chance a third-party is at fault for your slip and fall, consider these notes to see if you have a case worth pursuing. Also keep in mind that what you were doing at the time of the slip and fall will be scrutinized.

When A Slip And Fall Accident Could've Been Prevented

Slip and fall accidents are preventable, to a point. Could common sense have prevented this situation? Sometimes workplace injuries happen from our own accord.  Being aware and taking precautions is the easiest way to avoid getting hurt. If you do get hurt, workman’s compensation does not require showing proof of fault in order to get compensation, so you will be able to recover from your work injuries with all of your benefits.

  • Carelessness: Were you talking on your phone while walking? Did you bump into someone who was holding a liquid? Did you miss a warning sign that was posted? These are things that can contribute to a slip and fall accident.
  • Being Careful: Paying attention to your surroundings, avoiding distractions, wearing slip-resistant shoes are just a few things you can do to prevent slip and fall accidents.
  • Being Aware: Pay attention to where you’re walking. If you’re hurrying because you’re late, drinking your coffee, and saying “hi!” to other employees workers behind you, that is an easy way to get a workplace injury! It’s easy to avoid and prevent an accident by having your full attention to your surroundings.

Following these steps will make you less accident-prone at work. This will create a safer environment for everyone in your workplace. In the case of an accident that could not be prevented, workers’ compensation will still provide benefits, even if you were a little at fault.

What To Do If A Slip And Fall Happens At Work

Whether through your fault or not, a slip and fall can happen unexpectedly in the workplace at any time. The ways above are the easiest ways to prevent workplace injuries and workplace accidents. Follow those steps and you will have less chance of injuries. In the case of the unexpected, workman’s compensation insurance can be a blessing.

 

If you have a slip and fall at work, go to a doctor immediately. Let your employer know within 30 days as well so they can fill out the proper paperwork. Write down what happened when you fell, especially while the memory is still fresh. In the chance a third-party is at fault, this information will be used to show you were not being careless, and were not at fault. You have three years to sue someone in New York for personal injury, so it’s best to keep all your paperwork together.

In New York, slip and fall accidents are covered by workers’ compensation. It is a no-fault system. What does that mean? It means that it doesn’t matter who is responsible for accident. You will get the wages you deserve while you are out of work, and you will not be able to sue your employer.