Why Did These Slip and Fall Accidents Happen at Work?

Posted April 11th, 2019 by .

Categories: Slip and Falls, Workers Compensation.

slip and fall at work law offices of anthony carboneTruth be told, different types of injury claims call for different types of legal action. In fact, slip and fall accidents that happened at work can result in two types of cases. The circumstances of the incident dictate the prospect of making multiple claims.

In most employment situations, your employer becomes first responsible for your work accident. New Jersey embraces a no-fault workers’ compensation approach to on-the-job injuries. This means your company or its insurance carrier pays for authorized medical treatment and a portion of lost wages in the form of temporary disability benefits.

For some, the idea that you don’t have to prove fault may seem a bit of a trade-off. It’s quite challenging to bring a civil lawsuit against an employer or co-employee. However, NJSA 34:15-1 gives workers the right to sue outside workers’ compensation if there is proof of actual or imputed negligence.

Third-Party Claims for Slip and Fall Accidents

For a moment, you might not exactly understand how it’s possible to pursue a third-party claim if you’re hurt while at work.  Here are just four examples of slip and fall accidents that could suggest the pursuit of a negligence claim:

Type of Employee

How the Accident Happened

Potential Third-Party Defendant

Office Worker Outside computer repair person left tangled wiring that caused you to trip. Computer Repair Company
Tradesperson Slipped and fell because another contractor created a dangerous condition. Other Contractor or Tradesperson not part of your company
Warehouse Worker Your employer hires an outside company to remove snow and ice. They did a poor job, and you slipped and fell. Outside Plowing Contractor
Salesperson While you are visiting a client off-site, you trip over frayed carpeting in the building lobby. Commercial Landlord, Tenant, or Maintenance Company

You may recognize a common theme between negligence cases that involve on-the-job injuries. Injured workers do not need to prove that their employer did something wrong in order to claim benefits. However, standard proofs required for premises liability actions apply when it comes to determining who bears responsibility for the hazardous condition that caused you harm.

why did these slip and fall accidents happen at work? | law offices of anthony carboneDoes this Mean You Collect Double Money?

More than likely, you’re wondering if the pursuit of a third-party claim means you collect double money. As much as that might seem due to you, the answer is no.

When you make a third-party claim, the insurance company asserts subrogation rights. The workers’ compensation carrier expects reimbursement for monies paid out on your behalf. Most often, the lien amounts to two-thirds of your medical bills and disability payments.

  • If someone else caused your accident, the insurance carrier may even have an attorney contact you and offer representation. However, this stresses your need for your own experienced personal injury lawyer to assure you select your own advocate.

 

Contact Us

why do these slip and fall accidents happen at work? | law offices of anthony carboneAt the Law Offices of Anthony Carbone, we know that you may have some concerns about filing a workers’ compensation claim for any type of accident. We have over thirty years of helping injury victims and will lead you through the process. Contact us today to learn how we can assist you!

CALL NOW 201-829-3829

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