You can suffer a slip and fall accident at almost any workplace. They're called accidents for a reason. Slip and falls account for 1 in 6 workplace accidents in New Jersey. Common causes for these falls include wet or slippery floors, uneven flooring, and/or crowded hallways.
Who is responsible? Can you sue? We will answer these questions below and give an overview of what you should do after such an incident. It's important to take the necessary steps to protect your rights and get the benefit you are entitled to.
If you have been injured at work and are unclear about your options, speak with an NJ slip and fall lawyer at Brandon J. Broderick, Attorney at Law. Our lawyers have the resources and experience to ensure you obtain a successful resolution to your case.
Can You Sue For A Workplace Slip And Fall In New Jersey?
New Jersey is a no-fault state, which means you are entitled to compensation regardless of who is at fault. At the workplace, any injury you suffer while working is covered by workers compensation benefits. So, if you are a victim of a slip and fall accident at work and are receiving workers' compensation benefits, you do not have the option to file a lawsuit against their employer. This system allows an injured employee to receive benefits quickly, while shielding companies from being sued.
However, if you are injured during a fall at the workplace, you may be able to sue a third party. Not all slip and fall accidents are as straightforward as slipping on a wet surface. In some cases, another party's negligence is to blame.
For example, you may be able to sue the owners of the office building where you work if you slipped on a wet floor where no sign was displayed. If the scaffolding or ladders a construction worker was using turned out to be defective, they could file a third party lawsuit against the manufacturer to recover damages.
What Damages Can You Recover In A Third Party Lawsuit?
If you decide to file a third party lawsuit, you can recover damages related to your injury. While workers' comp benefits cover medical costs and lost wages, you can recover additional damages in a third party suit.
Your lawyer may ask for:
- Medical costs
- Lost income and future income
- Pain and suffering
- Emotional distress
- Punitive damages
Steps To Take After An Injury At The Workplace
If a person is hurt at work or suffers an illness, they can file a workers compensation claim. Benefits from workers' compensation include your medical costs as well as lost income, if any, during the time the employee is unable to return to work.
In New Jersey, the majority of companies are obligated to offer this benefit and maintain workers compensation insurance. It isn't always an easy process, so following these steps can make things easier.
- Seek Medical Care: Avoid delaying medical attention or attempting to return to work immediately. Prioritize your health and make sure to see a doctor. Receiving medical attention as soon as possible can be important to proving your claim later on, even if you don't believe your injuries are serious.
- Gather Evidence: Save all of your invoices, receipts, medical records, and any injury-related paperwork. As you heal, you might also wish to snap photos of your injuries to support your workers' comp claim.
- Report the Accident and Injury To Your Company: With very few exceptions, workers in New Jersey have 14 days to report a workplace accident to their employer. Your claim may be rejected if you file it too late or don't notify your employer about the injury.
Talk To A Slip And Fall Lawyer As Soon As Possible
Having a lawyer who is knowledgeable about personal injury can be the difference of you recovering compensation or not. Brandon J. Broderick, Attorney at Law has an experienced legal team who are here to help you. We have successfully resolved third party claims for many of our injured clients.
Allow us to advocate on your behalf and get you the settlement you deserve.
We have offices across the state of New Jersey, as well as New York and Connecticut. Call us today to schedule a free, no obligation consultation.