Statistics on Slips, Trips, and Falls in the Workplace

Slips, trips, and falls are among the leading causes of workplace accidents in the United States. Numerous studies have been conducted over the years to analyze the impact of these accidents in the workplace, and the results are shocking.

Here is an overview of some key statistics that will give you a different perspective on slips, trips, and falls in the workplace.

The National Safety Council reported at least 805 slips, trips, and falls cases in 2020. This accounted for 17% of all workplace-related deaths that year.

In general, slip and falls account for 36% of emergency room visitors in the United States, per the National Safety Council.

The research also shows that US workers miss 65 days of work due to slips and falls.

In addition, at least 55% of slip and fall accidents in the workplace occur due to poor walking or working surfaces.

At least 30% of slip and fall accidents in the workplace occur due to falling from an elevated point, such as roofs, stairs, and ladders.

Workplaces all over the United States lose a combined total of $60 billion a year due to occupational injuries. Out of the $60 billion, slip and fall claims account for $11 billion, roughly 20% of the claims.

What Causes Slips, Trips, and Falls in the Workplace?

These accidents occur due to various reasons. As discussed, some accidents occur due to negligence, while others are unavoidable. That said, some common causes of slips, trips, and falls in the workplace include the following:

• Wet floors
• Uneven floors
• Poor lighting
• Trailing cables
• Unsuitable floor coverings
• OSHA violations
• Unsuitable footwear
• Bad weather conditions, such as ice
• Obstructions

What Should I Do if I Slip and Fall in the Workplace?

Here is what to do if you slip and fall in the workplace:

Seek Immediate Medical Attention

Seeking medical attention is the first and most important thing to do. How you seek medical attention will depend on the nature of your injuries. For instance, suppose you suffered serious injuries due to a slip and fall. In that case, you will need to call 911 or have someone else do it.

Do not attempt to move if you suffer serious injuries. Moving from one place to another could worsen your injuries.

On the other hand, suppose you are not in pain after the injury. In that case, you will still need to get checked by a doctor. The doctor will conduct several tests to determine whether you suffered any internal injuries.

Keep in mind that internal injuries can lead to slow, unexpected death. This explains why you should get checked by a doctor even if you do not show any symptoms right after the accident. Most of the time, when the symptoms do not appear immediately after the accident, it is usually because the body is still in shock, hence unable to process pain.

Document the Accident

If possible, document the slip and fall scene by taking pictures and videos. This should also include the injuries you suffered. If anyone witnesses the accident, ensure you obtain their information. Their testimony could be helpful when you file a slip and fall claim.

It is understandable if you cannot document the accident scene due to the nature of your injuries. In that case, you may still be able to hold the other party accountable for your injuries.

Report the Accident

Next, you will need to file a report with your employer. Again, ensure you follow your employer's procedure for filing this claim.

Contact a Workers' Compensation Attorney

Although many employees are entitled to workers' compensation benefits when injured at work, some employers do not play by the rules. Some deny valid claims for unfair reasons, while others frustrate the entire claims process. If that is what you are dealing with, you should consult a workers' compensation lawyer right away.

When Do I Need an Attorney?

Let's face it—not every slip and fall case in the workplace requires an attorney. For instance, if you suffered minor bruises and did not have to miss work due to the accident, you will likely not need an attorney.

On the other hand, suppose you suffered serious injuries and missed several weeks or months of work to recover from your injuries. In that case, chances are you will need a lawyer to fight for you.

So Why Exactly Will You Need a Lawyer in Situations?

You will need medical treatment when you suffer serious injuries due to slips and falls in the workplace. And when you are unable to work due to your injuries, you will likely have huge bills to settle. But you do not need to pay these bills out of pocket. That is the whole point of having workers' compensation insurance.

Your employer's workers' compensation insurance is designed to compensate you for your medical bills and lost wages. In most cases, the claims process is usually straightforward. However, the insurance company will likely try to avoid liability when it involves serious injuries, many days off work, and huge medical bills.

That is where a slip and fall attorney comes in to fight for you, ensuring you receive the compensation you need and deserve after a slip and fall incident.

What if My Employer Does Not Want to Settle My Claim?

When you file a workers' compensation claim after a slip and fall accident in the workplace, there is no guarantee that your employer will accept your claim. This is despite the fact that employers in most states across the country are required by law to provide workers' compensation insurance.

Depending on the specifics of your case, the employer might try to blame you for the accident. Others will try to come up with reasons to dismiss the entire claim.

When that happens, hiring an experienced slip and fall attorney is the best thing to do. The attorney will review the unique circumstances of your case and determine whether your employer broke the law by refusing to settle the claim. If they did, the attorney would help build a strong case on your behalf and hold the other party accountable for their negligence.

Can I Still File a Claim if I Was Responsible for the Accident?

Yes, you can still claim compensation even if you were at fault for the slip and fall incident. This is because workers' compensation follows a no-fault system. You do not need to prove negligence to be eligible for compensation. Instead, you only need to prove that you suffered a work-related injury. In other words, you must establish that you got injured while at work.

In addition to proving work-related injuries, you must also demonstrate that you followed the right steps after the injury. Failure to follow the correct steps could jeopardize your claim.

However, it is important to note that although workers' compensation insurance follows a no-fault system, it does not mean that you will obtain compensation for your injuries with no questions asked. For instance, you cannot receive compensation if you get injured because you were drunk or extremely negligent.

Can I Sue My Employer for Slip and Fall?

Although filing a workers' compensation claim is usually the most common way to recover compensation for your injuries, there are times when suing your employer could be a better option. Keep in mind that employers purchase workers' compensation insurance to protect them from lawsuits. But this does not mean they cannot be liable for a workplace-related slip and fall injury.

To begin with, you can sue your employer if they willfully cause your injuries. For instance, take a situation where your employer pushes you during an argument, sending you down a flight of stairs. You suffer serious injuries as a result. If so, you can sue the employer for intentionally causing your injuries.

You can also file a lawsuit against your employer after a slip and fall incident if the employer does not have workers' compensation insurance. Earlier, we mentioned that the whole point of obtaining workers' compensation insurance is to protect employers from lawsuits and help employees obtain the compensation they deserve. Therefore, failure to obtain this insurance means employers can be liable for their employee's injuries.

Can My Employer Punish Me for Filing a Slip and Fall Claim?

No. It is unlawful for employers to punish their employees for filing a slip and fall claim. Therefore, if your employer retaliates against you for filing such a claim, you can sue them for retaliation.

Most employers know that it is illegal to retaliate against employees for filing a slip and fall claim. For this reason, rogue employers may use different tactics to retaliate. Some examples of these tactics include the following:

• Denying the employee a fair chance at a job promotion
• Changing the employee's duties and responsibilities
• Transferring the employee to a different location away from their friends and family
• Reducing the employee's hours
• Conducting an unfair assessment of the employee

Contact an experienced attorney if your employer uses any of these tactics to retaliate against you for filing a workers' compensation claim after a slip and fall accident in the workplace.

What Damages Can I Recover if I File a Slip and Fall Claim?

This will depend on the nature of your injuries and claim. Generally, you can recover medical expenses and lost wages when you file a workers' compensation claim.

On the other hand, when you file a lawsuit against your employer, you may be able to recover economic and non-economic damages. However, keep in mind that you cannot file a workers' compensation claim and a lawsuit against your employer simultaneously.

How Long After a Slip and Fall Do I Have to Notify My Employer?

This deadline varies from state to state. For example, in New York, you have up to 14 days from the date of the injury to notify your employer if you suffer a workplace accident, including a slip and fall. You must inform your employer before this deadline to retain your right to recover compensation.

What if I Do Not Have Evidence to Support My Case?

Understandably, you may not have solid evidence or any evidence at all to support your claim. But you should not be too worried about that. An experienced slip and fall attorney can review the specifics of your case and help you obtain the most relevant evidence. Some examples of such evidence include surveillance footage, medical records, witness statements, photos of the accident scene, etc.

What if I Cannot Afford an Attorney to Fight for Me?

Do not worry about not being able to afford an attorney, especially when contacting Morgan and Morgan. We charge our clients a contingent fee, meaning they only pay us when we win. This allows our clients to get the best legal representation without upfront fees.

What Should I Look for in a Slip and Fall Lawyer?

Many different factors come into play when looking for a slip and fall attorney. However, the following are among the most important:

• Whether they have the resources to fight for you
• Whether they have a good reputation for handling such cases
• How long they have been practicing
• The number of similar cases they have won
• The amount of compensation recovered for their clients
• Whether they are willing to fight for you in court if the other party refuses to settle

Morgan & Morgan Slips, Trips, and Falls Attorneys Can Help

If you or a loved one has been injured due to a slip, trip, and fall accident in the workplace, Morgan & Morgan and help hold the other party liable. Ultimately, we may be able to help you secure the compensation you need and deserve after such an accident. All you have to do is fill out our free, no-obligation case evaluation form. Then, a member of our client intake team will review your case and get in touch to discuss the way forward.