Legal Aspects of Slip and Fall Accidents at Work

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Legal Aspects of Slip and Fall Accidents at Work

Workplace accidents can be complicated. Much will depend on where you work and the circumstances of the accident.

  • If an employer failed to correct a hazardous condition at the workplace, the injuries would likely fall under West Virginia’s Workers’ Compensation laws. The company’s Workers’ Compensation policy would cover injuries and recovery until the worker can return to work.
  • If a third party on the premises is responsible, that may be a personal injury claim.
  • Similarly, independent contractors on a worksite may or may not be covered by Workers’ Compensation and could pursue damages through a personal injury claim.

Here, we examine these three legal options.

A man experiencing a slip and fall accident

Employer Responsibility=Workers’ Compensation

Employers in West Virginia have a responsibility to ensure that every employee has a safe workplace, every day. Unfortunately, not every employer is that attentive. Workers can experience slip and fall accidents anywhere, from a sophisticated office space to a car dealership, and in the deepest and most advanced mines.

In this case, the slip and fall accidents may be considered a work-related injury, and no proof is required to establish the Worker’s Compensation claim. Once the claim is filed, the right to sue an employer is generally forfeited in favor of the claim.

Under certain conditions, a worker can file a personal injury claim against an employer:

  • If an unsafe working condition existed
  • The employer was aware of the condition
  • The condition violated a safety law or industry standard
  • A worker was intentionally exposed to this unsafe condition by the employer
  • This condition led to catastrophic injury or wrongful death

A worker and their attorney must show that the employer knew about the unsafe working condition that injured the worker, and that the worker suffered impairment of >13% in their final award of their Workers’ Compensation claim.

The worker may also be able to sue their employer for damages if the employer did not have Workers Comp insurance at the time of the accident.

The Third-Party Claim

A slip-and-fall accident at work may not be the employer’s responsibility under certain circumstances:

  • Another company on the premises, such as a subcontractor, security company, cleaning company, IT, or another outsourced function, was responsible
  • A defective product from a manufacturer caused the accident (falling under product liability)
  • Another individual at the worksite whose actions or negligence caused an injury accident, such as another employee or subcontractor

In these cases, Workers’ Compensation may not apply. The injured worker may then be able to pursue a personal injury claim against the individual or company responsible for their injuries.

Independent Contractors and Non-Employee Workers

Workers subcontracted to a job site and hurt by something onsite may pursue damages for their injuries against the owner company. Construction sites and mining areas may have multiple companies on site, each with its own employees. Offices may also employ temporary, contract, or independent contract workers to handle specific projects short-term or long-term as non-employees.

In each case, the slip-and-fall accident may not be covered by the workers’ employers but by the site owner. This falls under the area of law called “premises liability.” It may be that the owner failed to keep the premises safe for everyone who visits and works there.

Injured workers should at least consult with a personal injury attorney to discuss their case to determine the best course of action. Even with Workers’ Compensation, it may be possible to obtain additional compensation elsewhere. Because each case is different, a West Virginia personal injury attorney can help you with the best course of action for your claim.

The Love Law Firm Can Help With Slip And Fall Accidents 

We’ve been helping West Virginians with all types of personal injuries for over 25 years. From auto accidents to slip-and-falls, specific injuries, and everything in between, we’ve helped thousands of West Virginians who needed our assistance and experience.

If you’ve experienced a slip-and-fall accident at your workplace in Charleston and need help, contact us at The Love Law Firm, or call us at (304) 344 5683. Your consultation is free, and we only collect if we win your case.

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