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

Slip and fall accidents are common and can lead to injuries that may prevent someone from being able to work. Sometimes, the falls also happen at work, and leave a person unable to provide for themselves and their families.

In the case of workplace accidents, lost wages and other compensation may be partially covered through workers’ compensation benefits (note that typically workers’ compensation replaces only a portion of lost wages under a statutory formula, rather than your full income). However, there are cases where it may be possible to file a third-party claim, which can allow recovery of additional types of damages depending on the circumstances.

If you were injured in a slip and fall accident that took place at work, you can speak with a North Dakota workplace injury lawyer to discuss your legal options for pursuing damages related to your injuries.

Common causes of a slip and fall accident at work

A work-related slip and fall accident can occur for many reasons, including:

• A floor that is damaged, uneven, or poorly lit.
• Loose cables.
• Poor lighting.
• A cluttered path.
• Insecure floor coverings.
• Bad/hazardous weather.
• A wet/slippery surface.

Some industries, like construction, might be more prone than others to these types of accidents. However, they can occur in an office, school, mall, or anywhere else.

Common injuries associated with slip and fall accidents at work

A slip and fall accident at work can lead to various injuries, some of which are especially severe. A few of the injuries associated with slip and falls include:

• Head trauma, including concussions and TBIs.
• Fractured vertebrae.
• Ligament tears.
• Broken bones.
• Organ damage/internal bleeding.
• Muscle damage.
• Bruises and abrasions.
• Strains and sprains.

Long-term effects of slip and fall injuries

A broken bone is a significant injury, but most people do still make full recoveries. However, slip and falls can lead to long-term harm that will have a lasting impact on a person and their family. In the case of brain injuries, significant cognitive issues may persist for long periods of time and require ongoing medical care and support. It might also prevent you from working. In the case of spinal cord injuries and paralysis, you might require modifications to your home for accessibility, like ramps or stair lifts. Severe injuries can also impact your ability to continue working, meaning that you’ll require compensation to provide for your needs, potentially for the rest of your life. It’s critical that you pursue all available legal options in these circumstances. In most cases, once you finalize a settlement, you cannot later seek additional compensation for the same injury.

Your rights as a worker

In North Dakota, workers’ compensation benefits are generally the exclusive remedy against an employer, but employees may pursue separate claims against negligent third parties who are not protected by workers’ compensation immunity. A third-party claim allows you to recover additional forms of compensation, such as damages for your pain and suffering.

One example of the above is as follows: you slip and fall on a damaged floor that was supposed to be maintained by the property owner. This property owner is not the company you work for and they are responsible for keeping the floor safe. You sustain a concussion. In this case, if the property owner, rather than your employer, is at fault, you may have the ability to bring a personal injury claim.

Obtaining compensation for the damages you sustained

Filing a claim against the third party responsible for your slip and fall can lead to compensation for a multitude of damages. You may be able to recover for the following:

• Costs associated with this injury, such as modifications made to your home.
• Wages you lost at work as a result of being forced to take time off.
• Long-term care this injury may require.
• Pain/suffering that this slip and fall injury has created.
• Medical bills you sustained as a result of the medical treatment you require.

Note that you can’t recover for the same injuries twice, which means that you can’t collect wage replacement from workers’ compensation and recover from a third party for the same lost income. However, in some cases, a third-party claim may allow recovery of damages that are not available through workers’ compensation, such as pain and suffering. If such a claim is available to you, it’s likely worth pursuing.

Proving that a third party was negligent

If you are claiming that a third party’s negligence led to your slip and fall, you must prove:

• The third party owed you a duty of care.
• The third party breached this duty of care.
• The third party’s breach of this duty of care led to your injury.
• You suffered damages as a result of this injury.

Just as an example, every property owner in North Dakota has a duty to maintain reasonably safe premises. If a property owner violates this duty of care by not repairing damaged floors, and you sustain an injury after slipping and falling on these floors, then you may have a negligence claim.

Some of the evidence you might use to support your slip and fall injury case includes:

• Testimony from your healthcare provider or expert witnesses regarding your slip and fall injuries.
• The incident report you made at work, after the slip and fall.
• Photos/videos of the hazardous condition that led to the slip and fall.
• Medical bills for the injury treatment you have received.
• Documentation that clarifies your injury diagnosis.
• A symptom journal that goes over your day-to-day symptoms.
• Witness testimony from those who saw you slip and fall.
• Pay stubs/wage slips demonstrating the wages you lost at work while taking time off to heal.

How a lawyer can help you with your lost wages

Every slip and fall injury comes with damages of one sort or another. Out of all the damages you can sustain, though, some of the most challenging come in the form of lost wages.

For example, if you sustain a back injury that prevents you from working for eight weeks, you may be unable to pay your mortgage for two months. This can lead to serious debts that may be very difficult to pay off. And, when you pair these bills with the costs associated with your injury, things could become extremely challenging.

On top of that, some slip and fall injuries affect your future earning power. If this is the case, you may be unable to earn the money you expect to, due to the severity of the slip and fall injury you sustained.

A workplace injury lawyer can help you calculate your actual losses, including any future wages you may be unable to earn. They will use this information, along with the evidence they have gathered, to help you hold the party responsible for your injury accountable.

Contact a North Dakota workplace injury lawyer today

If you were injured in a slip and fall accident at work, you may be entitled to compensation. Use our contact form to speak with a North Dakota slip and fall lawyer. We’re ready to help.