The amount of compensation you could receive for a slip and fall at a workplace varies on a case-by-case basis. In general, workplace accidents, including slips and falls, result in workers’ compensation claims. Workers’ compensation benefits depend on your injuries, time away from work, and average weekly earnings. On top of that, there are state laws that further affect the compensation you receive. For instance, if another party’s negligence caused your slip and fall, you could file a personal injury case in addition to a workers’ compensation claim. You have rights in situations like these. A personal injury lawyer can assess your circumstances and explain your options.
Slip and Fall Accidents and Workers’ Compensation Claims
In most cases, to recover compensation for a workplace slip and fall, you must file a workers’ compensation claim with your employer. You would not be able to sue your employer directly if they carry this coverage. Through a successful workers’ compensation claim, financial recovery could comprise:
- Medical expenses
- Disability benefits
- Two-thirds of your average weekly wage
- Vocational rehabilitation
- Death benefits, if you lost a loved one
You could recover damages either through a lump sum settlement or in installments.
How Are Workers’ Compensation Wage Loss Benefits Determined?
The amount of compensation you receive for your slip and fall depends on your average weekly wage (AWW). Your average weekly wage is the amount you earn in a year divided by the number of weeks in a year. Your AWW is essentially the amount of money the state determines you will lose if you are unable to work due to your work-related injuries. However, this is not the money you will receive in compensation for a slip and fall. The money you actually receive is called a weekly wage benefit, and it represents two-thirds of your average weekly wage, or 66.7%. Let’s say you earn an average weekly wage of $500. If you are totally unable to work due to your slip and fall, your weekly wage benefit would be 66.7% of $500, or roughly $334. If you are injured but still able to work a light-duty job, you would receive a reduced weekly wage benefit because you can still earn a living, though not as much as before.
These Factors Determine How Much You Could Seek Through Workers’ Comp
No two workers’ compensation cases are alike, meaning that how much you can recover ultimately depends on your situation, including:
- Whether you’ve permanently lost the use of a body part or sensory organ
- Whether you can continue working in the same capacity as before
- Your age
- Your job skills and training
- The severity of your condition
- How much you make on a weekly basis
You Can File a Civil Lawsuit Following a Workplace Slip and Fall
While you generally can’t sue your employer, other parties could bear liability for your losses through a personal injury claim or lawsuit. You could recover damages through a personal injury case that you couldn’t recover via a workers’ compensation claim, such as:
- The full cost of your lost income
- Non-economic damages, such as loss of consortium and pain and suffering
- Anything you spent out of pocket on your condition
In general, the more severe your slip and fall injuries, the more compensation you can receive. A more severe injury results in greater medical expenses and likely greater pain and suffering. For instance, a traumatic brain injury would garner higher compensation than a broken arm. A lawyer can consider your condition’s severity when evaluating your case and how much you can recover.
What to Know About Filing a Slip and Fall Injury Claim or Lawsuit
As you weigh your legal options, you should know these things about pursuing compensation through a personal injury case:
You Must Prove the Other Party Acted Negligently
To recover compensation for a workplace slip and fall, you must prove that another party caused your accident. If your employer waxed the floors and you slipped, you can’t sue if they carry workers’ compensation insurance. However, suppose you discovered that the floor wax contained an oil that did not dry, dissolve, or adhere to the floor the way it was supposed to. If that oily substance led to your slip and fall, you could sue the manufacturer in a product liability case. You could also sue if a professional cleaning company applied the wax. You need evidence to prove that another party’s actions led to your workplace slip and fall. Supporting information could comprise the accident report, witness testimony, and statements from your healthcare team.
Proving Negligence Requires Proving These Four Elements
As noted, many slip and fall accident cases require you to prove negligence. Negligence comprises four elements:
- Duty of care– The negligent party owed you a duty of care, meaning they had a responsibility to exercise care in their actions.
- Breach of duty– The other party failed to exercise care, such as a cleaning company leaving a puddle of water on the floor instead of mopping it.
- Causation– The other party’s actions led to your slip and fall.
- Damages– You suffered physical, financial, or emotional harm because of the accident.
If you’ve been injured in a workplace slip and fall, a slip and fall attorney Los Angeles can help you file a claim and seek compensation from the at-fault party. They can also investigate your fall and gather the evidence necessary to prove your losses.
KJT Law Group Will Fight for Your Slip and Fall Compensation
KJT Law Group has a slip and fall lawyer and Los Angeles workers’ compensation attorney available to help you recover damages. If you have any questions about how much compensation you can get for a slip and fall accident, call (818) 507-8525. We offer free case reviews.