Slip and Fall Accidents in the Workplace on Long Island
If you have experienced a slip and fall at work, you may have sustained serious injuries. In a slip and fall incident, someone typically fallas as the result of a dangerous condition such as wet floor, slippery spills or uncleaned ice or snow. These accidents are common and can happen anywhere, especially in a workplace where safety might be overlooked.
In New York, employers must keep their workplaces safe. If an employee, customer or someone else slips and falls because of the employer’s negligence, there may be a legal claim for damages for the injuries sustained.
Immediate Actions Post-Accident
Right after a slip and fall accident at work, your first step should be to get medical attention. Even if you think you are not badly hurt, it is important to see a doctor. The doctor’s report will also be a key piece of evidence if you decide to seek legal help later.
Collecting evidence after your accident is also important. Taking pictures of where you fell, gather names and contact details of anyone who saw what happened, and keep a copy of the accident report. Be sure to collect photos and or video before the situation is rectified. All these pieces of evidence can help demonstrate that your slip and fall occurred in the workplace on the date claimed.
Report the Incident to Your Employer
Be sure to report the incident to your employer as soon as possible. Make sure to do this in writing and keep a copy for yourself. This report is a formal way to let your employer know about the accident and can be crucial if you need to take legal action. If this reporting is done online, take photographs of what you are filling out before you submit the report. Some systems may allow you to download a copy of the online report, others may not. In some systems, once you submit, you cannot get back to it. For that reason, be sure to capture an image before you process it in their system.
Whether you are seeking just a Worker’s Compensation claim or both Worker’s Comp and a negligence lawsuit, you need to put your employer on notice to qualify for Worker’s Compensation.
Legal Rights and Workers’ Compensation in New York
In New York, workers’ compensation is a system that helps employees injured at work recover damages for their injuries. If you have a slip and fall accident at work, you may qualify for workers’ compensation. This may cover your medical bills and some of your lost wages if you cannot work because of the injury:
- Medical treatment related to the injury or illness.
- Lost wages during the recovery period.
- Disability benefits for temporary or permanent disabilities.
- Vocational rehabilitation services to help injured workers return to work.
In New York, Workers’ Compensation typically does not provide coverage for non-economic damages such as pain and suffering, emotional distress, and punitive damages. Workers’ Compensation benefits are focused on providing medical treatment, lost wages, and disability benefits to employees who are injured or become ill due to work-related activities. Non-economic damages are generally not included in the benefits provided by Workers’ Compensation.
When an Employee Might Collect More than Just Worker’s Compensation
There are times when an employee can recover more than Worker’s Compensation offers. This is not a complete list, and not all cases will qualify for additional compensation. However, some examples include:
- If the employer intentionally causes harm to the employee.
- If the employer does not have Workers’ Compensation insurance as required by law.
- If the employer’s conduct goes beyond the scope of normal employment, such as assault or harassment.
Additionally, if a third party, not the employer, is responsible for the injury or illness, the employee may bring a lawsuit against that party. For example, if a defective product caused the injury, the employee may sue the manufacturer. Also, if a contractor is on site and causes the injury, that contractor may be held liable. Again, this is not a complete list, and our attorneys can help you assess your unique circumstances to see if bringing a lawsuit is appropriate for your situation.
When Would an Employee Not Be Able to Claim Damages Under Worker’s Compensation?
Not all injuries can be brought as a Worker’s Compensation claim. For example, Workers’ Compensation in New York may not cover certain situations and conditions, such as:
- Injuries caused by the employee’s intoxication or drug use.
- Self-inflicted injuries.
- Injuries resulting from fights initiated by the employee.
- Injuries sustained during the commute to and from work.
- Injuries sustained during recreational or social activities unrelated to work.
- Injuries related to committing a serious crime at work.
- Injuries resulting from violating company policies or engaging in misconduct.
Specific details and exceptions regarding coverage can vary, so it’s advisable to seek guidance from our attorneys, who are familiar with the rules and regulations related to New York Workers’ Compensation claims, as well as personal injury lawsuits against responsible parties.
Contact the Law Office of Frank J. Cassisi, P.C. to Discuss Your Slip and Fall Lawsuit
If you have had a slip and fall at work in New York and think you might have a case, do not hesitate to contact us at the Law Office of Frank J. Cassisi, P.C. Our attorneys understand the difficulties you face and are here to guide you through the process. We can help you understand your legal options and what steps to take next.
For personalized assistance and to discuss your specific situation, call us at (516) 294 5050. Our team is ready to support you and help you find the best way forward after your workplace accident. Remember, you are not alone in this, and getting the right legal help can play a key role in getting the compensation you deserve. Call us today at (516) 294 5050 for a free consultation.
