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Does Workers’ Comp Cover Slip and Fall Injuries?

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Posted By DAM Firm | December 16 2024 | Workers' Compensation

Workplace injuries can occur due to a variety of reasons, but one of the most common reasons for these injuries is a slip and fall incident.

Slip and fall accidents (maybe you’ll see them referred to as trip and fall incidents) often lead to a range of injuries, including severe bruises, broken or dislocated bones, and even traumatic brain injuries.

However, will workers’ compensation in San Bernardino pay for a slip and fall injury that occurs at a San Bernardino workplace?

Does Workers' Comp Cover Slip and Fall Injuries

Understanding Workers’ Comp in California

California’s workers’ compensation system is designed to provide benefits to employees who suffer job-related injuries or illnesses, regardless of who or what caused the incident. Slip and fall accidents are among the types of injuries typically covered by workers’ compensation, provided the incident occurred within the scope of your employment.

Workers’ compensation benefits may include:

  • Medical coverage. Pays for necessary medical treatment, including doctor visits, hospital stays, and physical therapy.
  • Temporary disability benefits. Provides partial wage replacement if your injury prevents you from working temporarily.
  • Permanent disability benefits. Compensates you if your injury results in lasting impairments.
  • Job retraining. Offers vocational rehabilitation if you cannot return to your previous role.

To ensure your slip and fall injury qualifies for these benefits, you must follow the proper steps for reporting and filing your claim.

Common Causes of On-the-Job Slip and Fall Accidents

Slip and fall accidents in the workplace can result from a variety of hazards, including:

  • Wet or slippery floors. Spills, leaks, or freshly cleaned surfaces can create slipping hazards.
  • Uneven flooring. Cracked tiles, loose carpeting, or uneven surfaces can cause trips.
  • Cluttered walkways. Tools, boxes, and other obstructions in walkways can lead to accidents.
  • Poor lighting. Dim or inadequate lighting can make it difficult to spot hazards.
  • Defective equipment. Faulty ladders, steps, or platforms can result in dangerous falls.

Steps to Take After a Workplace Slip and Fall

If you experience a slip and fall injury at work, taking the following steps can help protect your right to workers’ compensation benefits:

  1. Report the incident immediately. Notify your employer or supervisor as soon as possible and provide details about the location and cause of the fall. Prompt reporting is critical to ensure your claim is not denied for a delay.
  2. Seek medical attention. Even if your injury seems minor, get evaluated by a healthcare professional. California law allows employers to direct injured workers to designated medical providers within their workers’ comp network.
  3. Document the scene. If possible, take photos of the area where the fall occurred, including any hazards that contributed to the accident. This evidence can support your claim.
  4. File a workers’ comp claim. Submit a claim form (DWC-1) to your employer to formally begin the process of seeking benefits.

Can You File a Third-Party Claim?

In some cases, you may have the option to pursue additional compensation through a third-party liability claim. For example:

  • If a defective piece of equipment in the workplace caused your slip and fall, you might file a claim against the manufacturer.
  • If the accident occurred on a property managed by a third party, the property owner could be held liable.

A third-party slip and fall claim allows you to seek damages not covered by workers’ compensation, such as physical and emotional pain and suffering.

Why You Need a Workers’ Compensation Attorney

While California’s workers’ compensation system is intended to protect employees, navigating the process can be complex. Employers and the workers’ comp insurance companies may dispute your claim or minimize your benefits. An experienced workers’ compensation attorney can:

  • Assist with filing paperwork and meeting deadlines.
  • Gather evidence to support your claim.
  • Advocate for full benefits and appeal denied claims.
  • Explore additional legal options, such as third-party claims.

Contact a San Bernardino Workers’ Compensation Lawyer

If you or a loved one has suffered a slip and fall injury at work, do not navigate the claims process alone. At our firm, we have extensive experience helping San Bernardino workers secure the benefits they need.

Contact us today to schedule a free consultation. Visit our contact page or call us to learn more about your options for compensation. Let us help you take the next step toward recovery and financial stability.