Proving Fault in Slip and Fall Claims

Proving Fault in Slip and Fall Claims - Law Offices of Gerald Brody & associates

If you are looking for information on workers' compensation claims for slip and fall accidents in San Diego, Gerald Brody & Associates are ready to help.

If you suffer an injury while performing duties for your employer, you probably qualify to pursue a workers’ compensation case. This is even true under unusual circumstances – for example, if you are working from home at the time of an accident.

What happens when an accident results in slip and fall injuries?

Slip and fall is by no means rare in the workplace. Anyone, working in any industry under any conditions, can become a slip and fall victim in an instant.

Some examples of slip and fall accidents include, but are not limited to:

  • Slipping and falling because of a slick surface caused by a spilled liquid

  • Slipping and falling due to a floor wet from mopping that has not been properly marked with warning signs

  • Slipping and falling due to a hazardous condition which could be temporary (such as build-up of ice on a surface or more permanent (such as defectively-designed flooring).

If you have suffered an injury after a slip and fall accident while working, you may be seeking answers about a potential compensation claim and Gerald Brody & Associates can help.

Slip and Fall Workers’ Compensation: What You Need to Know About Fault

In the workplace, everyone has an obligation to promote safety. This means looking out for others and following safety rules. A slip and fall accident, however, can take place even when everyone on the worksite is doing their best.

Under civil law, accident victims are usually required to prove that someone else contributed to an accident in order to sue them and collect monetary damages. This is not the case when it comes to workers’ compensation, since you typically cannot sue your employer over an accident.

Let’s say that again: You do not have to prove fault in a workers’ compensation slip and fall case in California. An accident can take place and you, someone else or no one could be at fault. In the majority of cases, it makes no difference.

Among the only situations where fault can disqualify you from receiving workers’ compensation in California is if your accident was your own doing and was the result of drugs or alcohol.

What Accident Victims Should Focus on Instead of Proving Fault

Though you don’t need to prove fault to qualify for workers’ compensation, you must document the accident in an accurate and timely manner. Your employer can provide the necessary forms, which you should strive to complete within 48 hours.

After an accident is documented, you can go forward with your claim right away.

You should also pursue a medical examination as soon as possible. Your employer may request you use a doctor who is “in-network” for your company. This check-up provides information on the lasting consequences of your accident, including estimated costs of care.

Third Party Claims

In addition to workers’ compensation claims, in some cases of injury an injured employee may be able to make what is known as a “third party claim” in an effort to receive additional compensation for pain and suffering.

This is accomplished through a civil suit and generally requires that fault be proven. If compensation is granted, many states require that any workers’ compensation benefits received be reimbursed, with the employee then retaining any remaining amount for punitive damages and/or pain and suffering.

An experienced attorney, like those of Gerald Brody & Associates, can help you determine if your case would merit a third party claim.

Gerald Brody & Associates

Workers' compensation attorneys agree: To make your claim more likely to succeed, you need to speak with a lawyer. Only an attorney specialized in labor law can protect your rights, fight for you in court and appeal efficiently if your claim is denied. 

To find out more, contact Gerald Brody & Associates today. We've helped people throughout the San Diego area and we are confident that we can help you, too.