Slip & Fall Accidents at WorkJanuary 15, 2020
During winter, there is the potential for a slip and fall accident at any moment. Winter weather causes ice to form on the ground, resulting in slippery surfaces. When ice is present at a business and a patron is injured from a slip and fall accident, this could give patrons the opportunity to file a personal injury claim, but what about when the injured person is an employee?
A Worker’s Personal Injury Claim Against Their Employer
Determining whether the employee can bring a personal injury claim requires certain specifications. Some determining factors will be the degree of negligence by the employer. If the employer was highly negligent in removing ice or other dangerous conditions as a result of winter weather, the employee could bring a personal injury lawsuit against their employer. This can happen if ice was present for many days or if there was a persistent problem with ice on the premises. If the same area is covered in ice every time there is winter weather and the employer does not maintain the grounds, employees could pursue a lawsuit.
Qualifying for Workers’ Compensation
Every time an employee suffers a workplace injury, it is suitable to file a Workers’ Compensation claim. Most employers qualify for Workers’ Compensation if they are hurt at the workplace. Workers’ Compensation claims provide more certainty that the worker will obtain some form of compensation from their employer. If the employee was not on the clock at the time of the accident or if the employee was traveling for work and slipped on ice, it could be a point of contention. In most instances, employees will be covered if they were working and had a slip and fall accident on icy surfaces at the workplace.
When Does Workers’ Compensation Begin?
Workers’ Compensation starts when employees are sick or badly injured and require time out of work to recover from their injuries. Therefore, if an employee is hurt but does not miss work, they are not qualified to file a claim.
Since personal injury claims are based on subjective recovery, they may be worth more money. However, it can be hard to prove gross negligence. Subjective recovery claims can include damages for pain and suffering and emotional distress. Additionally, personal injury claims usually take more time.
Delaware County Workers’ Compensation Lawyers at the Law Office of Deborah M. Truscello Assist Those That Were Injured at Their Workplace
If you are injured from a slip and fall accident at your workplace, you may be eligible for compensation. Our Delaware County Workers’ Compensation lawyers at the Law Office of Deborah M. Truscello will assist you with filing a claim against your negligent employer. Contact us online or call us at 610-892-4940 for a free consultation regarding your case. Located in Media, Pennsylvania, we also serve clients in Bucks County, Chester County, Delaware County, Montgomery County, and throughout Philadelphia.