Slip and Fall Accidents at Work: Workers’ Rights and Compensation for Lost Wages

3 min read time

Man being helped after being injured at work

Slip and fall accidents are among the most common workplace injuries, affecting employees across all industries.

According to the US Bureau of Labor Statistics (BLS), more than 800 workers died due to falls in 2020 alone. Many more experience catastrophic and life-changing injuries after a severe fall. While any employee can fall at work, those who work in construction, manufacturing, retail, and warehousing are put at even greater risk.

Whether you work in a bustling warehouse, a sleek corporate office, or a busy restaurant kitchen, the risk of slipping or tripping is a real and often overlooked hazard. These incidents can result in serious injuries, ranging from broken bones to traumatic brain injuries, and they frequently lead to significant financial and emotional stress for the injured worker.

To make matters worse, most workplace accidents are avoidable and caused simply due to negligence—when employers or managers fail to provide a reasonably safe workplace.

At Morgan & Morgan, we understand the challenges you face after a workplace accident. For over 35 years, we have fought for personal injury victims to get the compensation they need and deserve to move forward with their lives.

Common Causes of Slip and Fall Accidents at Work

Slip and fall accidents can happen for a variety of reasons, but some of the most common workplace hazards include:

Slick Surfaces

The same wet floors that create safety hazards for customers and visitors also pose health risks for employees. Workers at public venues such as hotels, restaurants, and convenience are just as vulnerable to sustaining injuries caused by slip and fall accidents. The same safety protocols apply for preventing employees from sustaining injuries as a result of slip and fall incidents.

Managers are responsible for implementing safety measures that include placing Wet Floor signs over slick surfaces, as well as acting with a sense of urgency to dry mop wet areas of a workplace.

Elevated Heights

Falls from elevated heights in the workplace can produce serious or even life-threatening injuries. The two most common locations where employees fall from elevated heights include ladders and scaffolds.

For instance, employees responsible for handling inventory use a ladder to stock and retrieve consumer goods, while employees working from scaffolds can include painters or electricians.

Cluttered, Uneven, or Poorly Lit Walkways

Tripping and falling remains a common cause of workplace injuries. Electrical cords running across the full length of a business pose a safety risk, as does flooring in disrepair. Employers are responsible for ensuring the safety of employees by replacing defective flooring, such as tiles and carpeting. A trip and fall incident can produce injuries that range from torn knee ligaments to a fractured wrist and/or collarbone.

Employers are legally required to maintain a safe work environment by addressing these hazards promptly and implementing safety protocols to minimize risks.

Common Injuries of Slip and Fall Accidents at Work

Slip and fall accidents can result in a wide range of injuries, including:

Broken bones, such as hip, wrist, knee, and ankle fractures
Head injuries, including traumatic brain injury (TBI)
Lacerations
Muscle strains and sprains
Slipped discs and fractured vertebrae
Spinal cord injuries
Temporary or permanent paralysis
Neck and shoulder injuries

These injuries can range from minor inconveniences to life-altering conditions, requiring extensive medical treatment and time off work.

Long-Term Effects of Slip and Fall Injuries

Physical and Emotional Impact

While some slip and fall injuries heal quickly, others can have lasting consequences. Chronic pain, reduced mobility, and ongoing medical treatments can significantly impact your quality of life. Additionally, the stress of dealing with lost income, mounting medical bills, and legal battles can take an emotional toll.

Financial Strain

Even with workers' compensation, injured workers often face financial challenges. Medical expenses not covered by insurance, home modifications for mobility, and lost earning potential can add up quickly. It’s essential to explore all available avenues for compensation to protect your financial future.

What to Do After a Slip and Fall Accident at Work

If you slip, fall, and injure yourself at work, seek immediate medical attention to treat your injuries and document their severity. Even if you feel okay at the time, some injury symptoms may not become apparent right away and can worsen over time if left untreated.

Report the accident to your employer promptly and file an incident report. Collect photos, witness statements, and any other documentation related to the accident.

Next, contact Morgan & Morgan. One of our workplace injury attorneys can evaluate your case and guide you through the claims process.

Submit your workers' compensation claim and follow all necessary procedures. Your attorney will continue to stand by your side to confront any issues or denials.

Workers' Compensation: Your First Line of Defense

What Is Workers' Compensation?

Workers' compensation is a form of insurance that provides financial support to employees who are injured on the job. In most states, employers are required to carry workers' compensation insurance, which typically covers:

Medical expenses related to the injury
Partial replacement of lost wages
Disability benefits for temporary or permanent impairments
Vocational rehabilitation services

Filing a Workers' Compensation Claim

If you’ve been injured in a slip and fall accident at work, filing a workers' compensation claim is often the first step. Here’s what you need to do:

Report the Injury: Notify your employer as soon as possible. Most states have strict deadlines for reporting workplace injuries.
Seek Medical Attention: Visit an approved medical provider to document your injuries and begin treatment.
File the Claim: Submit your workers' compensation claim through your employer or directly with the state workers' compensation board.
Follow Up: Keep detailed records of your medical treatments and communications with your employer and insurance provider.

In some cases, working with an experienced workers’ comp attorney can be the make or break of a successful claim. Contact Morgan & Morgan to get expert assistance to file a workers’ comp claim correctly and on time.

Challenges and Denials

Unfortunately, workers' compensation claims are not always straightforward. Some common challenges include:

Claims being denied due to insufficient evidence
Employers disputing the claim, arguing that the injury didn’t happen at work
Insurance companies minimizing the extent of the injury or delaying payments

If you encounter these issues, consulting with an experienced workers' compensation attorney at Morgan & Morgan can help you navigate the process and fight for the benefits you deserve.

Compensation Beyond Workers' Compensation

Lost Wages

Slip and fall accidents often result in time away from work, leading to a loss of income. While workers' compensation provides partial wage replacement, it may not fully cover your financial needs. Understanding how lost wages are calculated can help you determine if you’re receiving adequate compensation.

Temporary Total Disability (TTD): If you are unable to work while recovering, workers' compensation typically provides a percentage of your average weekly wage, usually around 66.67%.
Permanent Partial Disability (PPD): If your injury results in long-term limitations, you may be entitled to additional compensation based on the severity of your impairment.
Permanent Total Disability (PTD): For injuries that prevent you from ever returning to work, workers' compensation may provide ongoing payments.

Third-Party Liability Claims

In some cases, a third party may be partially responsible for your workplace injury. For example:

A contractor failed to remove a hazard they were hired to address.
A manufacturer produced defective flooring materials that contributed to your fall.
A property owner neglected to maintain safe conditions on a site where you were working.

If a third party’s negligence played a role in your injury, you may be able to file a personal injury lawsuit in addition to your workers' compensation claim. Unlike workers' compensation, a personal injury lawsuit can include damages for pain and suffering, emotional distress, and full wage replacement.

Proving Liability in Slip and Fall Cases

Evidence Collection

To strengthen your claim, gather as much evidence as possible from the scene of the accident. This may include:

Photographs: Take pictures of the hazard, the area where you fell, and any visible injuries.
Witness Statements: Collect contact information and statements from coworkers or bystanders who saw the incident.
Incident Reports: File a detailed report with your employer, describing the circumstances of the accident.
Medical Records: Document your injuries and treatments thoroughly.

Employer Negligence

Employers have a duty to maintain a safe workplace. Failure to address known hazards or comply with safety regulations can constitute negligence. Examples of employer negligence include:

Ignoring reports of dangerous conditions
Failing to provide proper training or safety equipment
Skipping routine inspections and maintenance

Proving negligence can be critical in securing compensation, especially if your workers' compensation claim is denied. An experienced attorney at Morgan & Morgan can help to prove negligence and support you throughout the duration of your claim.

How Morgan & Morgan Can Help

At Morgan & Morgan, we have decades of experience representing injured workers. Our attorneys are skilled in handling both workers' compensation claims and third-party liability lawsuits, ensuring you receive the full compensation you deserve.

We assist clients with every aspect of their case, including gathering evidence to prove liability, negotiating with insurance companies, filing appeals for denied claims, pursuing additional damages through personal injury lawsuits

Our firm operates on a contingency fee basis, meaning you won’t pay any legal fees unless we secure compensation for you. That’s right—the Fee Is Free™, and you only pay if we win. This ensures that every injured worker has access to quality legal representation, regardless of their financial situation.

Slip and fall accidents at work can be physically, emotionally, and financially devastating, but you don’t have to face the aftermath alone.

Frequently Asked Questions

What is OSHA?

OSHA stands for the Occupational Safety and Health Administration, a regulatory agency within the U.S. Department of Labor. Established in 1971, OSHA's mission is to ensure safe and healthy working conditions for employees across the United States by setting and enforcing workplace standards. Additionally, OSHA provides training, education, and assistance to both employers and workers.

Key Functions of OSHA:

Setting Standards: OSHA develops and enforces workplace safety and health standards that businesses must follow. These regulations cover a wide range of industries and address hazards such as:

Toxic chemicals
Electrical safety
Machine operation
Fall protection
Noise levels

Inspection and Enforcement: OSHA conducts inspections to ensure compliance with its regulations. These inspections can be triggered by workplace accidents, complaints, or random scheduling. Non-compliance can lead to fines, penalties, or other corrective actions.

Training and Education: OSHA offers resources to educate employers and employees on best practices for workplace safety. This includes training materials, outreach programs, and technical assistance.

Whistleblower Protections: OSHA enforces protections for employees who report unsafe working conditions or violations. These protections ensure that workers can voice their concerns without fear of retaliation.

Recordkeeping and Reporting: Employers are required to keep detailed records of workplace injuries and illnesses. Certain incidents, such as fatalities or severe injuries, must be reported directly to OSHA within specific timeframes.

The Role of OSHA in Work Safety

The Occupational Safety and Health Administration (OSHA) enforces safety standards in the workplace. Common OSHA violations in construction include:

Lack of fall protection
Inadequate scaffolding
Poor hazard communication
Unsafe ladder practices

If your injury resulted from an OSHA violation, you might be entitled to additional compensation.

Could I Receive Damages in Addition to Lost Earnings After a Slip and Fall?

Depending on the circumstances of your fall and the scope of your injuries, you could be entitled to various compensation awards in addition to lost wages, such as:

Current and future medical costs
Property damage
Out-of-pocket expenses related to the fall
Pain and anguish
Permanent disability
Emotional suffering
Reduced life quality

Consult with a slip and fall lawyer at Morgan & Morgan to determine the worth of your case.

What Is the Average Settlement Amount for Lost Wages?

Settlement amounts for lost wages can vary widely. Many factors can affect the payout a victim could recover after a slip and fall, such as:

Severity of injuries
Length of time the victim was unable to work
Victim’s occupation and income level
Available evidence supporting the claim

If you have a slip and fall claim and are hoping to recover lost wages, consulting with an experienced slip and fall lawyer can be crucial for recovering what you deserve. When Morgan & Morgan takes your case, you can count on our lawyers to leave no stone unturned in fighting for maximum compensation.

How Do I Make up for Lost Wages While Waiting for a Settlement?

Being out of work and without an income can cause financial strain and difficulty paying for everyday expenses such as groceries, rent, and medical bills. However, there may be some options available to victims to help them cover costs while waiting for a settlement or verdict, such as:

Government assistance, such as temporary disability benefits
Savings or financial help from friends and family
Insurance policies with your employer, such as disability insurance
Pre-settlement loans

At Morgan & Morgan, we understand that waiting for lost wages can be agonizing, especially when the bills pile up. We aim to get you the best results in the fastest possible time, so you can move forward and get your life back on track physically, emotionally, and financially.

Can I Sue My Employer for a Workplace Slip and Fall?

In most cases, employees cannot sue an employer if they get injured in a slip and fall at work. However, there can be exceptions. If your employer was grossly negligent in causing your accident or did not have workers’ compensation insurance, you could sue and pursue compensation. You could also file a lawsuit if a negligent third party, such as another contractor on your job site, caused the slip and fall.

Determining your rights and options after a slip and fall at work can be tricky—consider speaking to an experienced personal injury attorney who can analyze your case and inform you of your rights and legal options.

How much will I have to pay an attorney upfront?

At Morgan & Morgan, the Fee Is Free™, and you only pay if we successfully recover the compensation you deserve by settlement or verdict.

We believe everyone should have access to legal representation and a chance to fight for the justice they deserve—regardless of their bank balance. That’s why we work on a contingency fee basis.

After compensation is recovered, we are paid from a percentage of that—never through upfront fees.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

Disclaimer

This website is meant for general information and not legal advice.