Slip and fall accidents are leading causes of injury and death in New York City workplaces. Many job-related slip and fall accidents – which are typically characterized as “falls on the same level” – are severe, with 29 percent causing workers to miss a month or more of work. Slip and fall accidents are common in all types of NYC workplaces, including:
- Healthcare facilities
- Social assistance and social service facilities
- Transportation hubs
- Warehouses
- Manufacturing plants
- Government buildings
- Restaurants
- Retail stores
- Docks, piers, and shipyards
- Construction sites
When you slip and fall at work, it’s important to know your legal rights. Workers in the city are afforded many protections and opportunities, which can include the ability to pursue compensation from an employer’s insurance company and/or seek damages in a lawsuit.
Do I Qualify for Workers’ Compensation After a Slip and Fall in NYC?
It depends. New York has some of the strongest workers’ compensation protections in the nation. Employers with at least one employee must carry workers’ compensation insurance. Further, most employees will be covered – even undocumented workers. You can potentially get workers’ compensation benefits if:
- You’re legally classified as an employee (not an independent contractor), and
- Your slip and fall accident occurred while you were performing tasks within the scope of your employment.
You don’t have to have slipped and fallen on your employer’s premises to qualify for benefits. For instance, if you work as a truck driver or courier and slip and fall on one of your work-related trips, you’d be able to file for benefits as long as you’re an employee.
Workers’ compensation can be a lifeline when your slip and fall injuries prevent you from going back to work right away. Benefits can cover your medical care and offset a portion of your lost wages. If your slip and fall injuries are catastrophic, long-term disability benefits can potentially be awarded, too.
Can I Sue My Employer for My Slip and Fall Accident in New York?
Not if you’ve qualified for workers’ compensation. In exchange for no-fault benefits, you waive the right to sue your employer, even if their negligence caused your slip and fall accident at work. You can, however, still assert a civil personal injury lawsuit against a negligent or otherwise liable third party.
Let’s circle back to the truck driver who got hurt on a delivery route. Let’s say the truck driver got out of the rig at the point of delivery and began to walk toward the management office to finalize the transfer of goods. While walking, the truck driver slipped and fell on the icy sidewalk. The truck driver could potentially sue the owner of the premises on the grounds that they were negligent because they failed to address the buildup of ice on their sidewalks, which created a significant slip and fall hazard.
The truck driver could potentially receive workers’ compensation benefits and recover compensation through this separate third-party lawsuit. Since workers’ compensation benefits only provide limited economic damages for medical treatment and lost wages, it’s often important to consider other legal options. Filing a slip and fall lawsuit against a negligent property owner can help you recover additional compensation, including money for harder-to-value non-economic damages like pain and suffering.
Don’t Struggle with the Consequences of a Work-Related Slip and Fall Injury on Your Own
Slipping and falling at work can create significant hardships, especially if you’re unable to return to your job while you recover. While you may have the right to pursue compensation under New York State law, getting an insurance company to do the right thing can be an unnecessarily difficult challenge.
Hiring an experienced NYC slip and fall lawyer can set the stage for the kind of case results you deserve. Whether you’re navigating a claim for workers’ compensation or fighting to hold a negligent NYC business accountable for your fall injuries, The Platta Law Firm is the legal advocate you’ll want in your corner.
We’re award-winning New York litigators with 150+ years of combined experience known for an unrivaled ability to win high-stakes legal disputes and recover record-setting case results for our clients. Our client’s victories are meaningful and have helped to shape New York labor law. Discover how we can help you maximize your recovery after a slip and fall in the workplace, too. Contact our New York City personal injury law firm to set a time for a free consultation now.
