Can I File Workers’ Compensation After a Slip and Fall?

Even if your job does not involve physical activity, and your workplace is seemingly safe, you may still slip, fall, and get seriously hurt while working. If you have incurred medical bills and lost wages as a result, you may want to file a workers’ compensation claim to make up for it. However, you may fear that your employer’s insurance carrier will swiftly dispute your argument for benefits. Without further ado, please continue reading to learn whether you are entitled to workers’ compensation after a slip and fall accident, and how a lawyer experienced in qualifying Florida workers’ compensation injuries, at The Law Firm of Kevin A. Moore, can help determine the legitimacy of your case.

Can I file a workers’ compensation claim after a slip and fall accident?

Florida law allows you to file a workers’ compensation claim if you enter a slip and fall out of and in the course of your employment. Simply put, this means that your accident must have been related to your job duties and occurred while you were working. It is worth mentioning that Florida is a no-fault workers’ compensation state. Therefore, you may be entitled to benefits regardless of who caused your slip and fall, even if it was due to your own mistake. 

Of course, exceptions apply to this. Again, you must have been performing a work-related activity. So it does not count if this happened while you were running to your car to grab a personal item. Or, if it is discovered that you were participating in horseplay in the moments leading up to your slip and fall. Lastly, if you were found under the influence of drugs or alcohol at the time of the accident.

Can I file a lawsuit instead of workers’ compensation after a slip and fall?

Even if you have reason to believe your employer negligently contributed to your slip and fall accident, the only action you may take against them is through a workers’ compensation claim. To reiterate, this is a no-fault system with an exclusive remedy rule. This rule holds that workers’ compensation is the sole legal remedy for work-related injuries, meaning that you cannot pursue a civil lawsuit against your employer for damages not covered by this program.

However, say you believe a third party was at fault for your accident and subsequent injuries. For example, a property owner may fail to address spills or debris on their walkways. Or, an independent contractor may violate OSHA regulations. Under these circumstances, you may be permitted to file a third-party claim against the responsible party. Here, you may recover additional damages, like pain and suffering.  

To conclude, you should not prepare a legal claim without first consulting with a lawyer skilled in qualifying Florida workers’ compensation injuries from The Law Firm of Kevin A. Moore. We will make sure you pursue the right avenue to earn the financial compensation you deserve. So please contact us today.