Slip and fall accidents at work raise complex questions about available remedies. Workers' compensation typically covers workplace injuries regardless of fault, but third-party claims may provide additional compensation when someone other than your employer caused the hazard.
Workers' Compensation for Workplace Falls
Workers' compensation is a no-fault insurance system that covers employees injured on the job. If you slip and fall at work, workers' comp should cover medical expenses and partial wage replacement regardless of who caused the hazard.
You don't need to prove your employer was negligent—coverage applies to most work injuries. In exchange, you generally cannot sue your employer for additional damages.
Workers' Comp Limitations
While workers' compensation provides guaranteed benefits, it has significant limitations. Workers' comp doesn't cover pain and suffering. Wage replacement is typically only 60-70% of your average wage. There's no compensation for diminished quality of life. Benefits are set by statutory formulas, not actual damages.
For serious injuries, workers' comp alone may not provide adequate compensation.
Third-Party Liability Claims
When someone other than your employer caused the hazardous condition, you may have third-party claims in addition to workers' compensation. Third-party claims allow full tort damages including pain and suffering.
Potential third-party defendants include property owners (if your employer doesn't own the premises), general contractors or other contractors on job sites, equipment manufacturers for defective products, and cleaning or maintenance companies.
Property Owner Liability
If you work in a building your employer doesn't own, the property owner may be liable for premises hazards. Landlords must maintain leased premises in safe condition. Defects in common areas, building systems, or structural elements are typically the landlord's responsibility.
Claims against property owners are separate from workers' comp and provide full damages.
General Contractor Liability
On construction sites, general contractors often have safety responsibilities for the entire site. If a general contractor's negligence caused the hazard that injured you, third-party claims may apply even though your direct employer was a subcontractor.
OSHA regulations establish safety duties that may support negligence claims when violated.
Defective Equipment Claims
If a product defect contributed to your fall—a defective ladder, malfunctioning floor mat, broken safety equipment—product liability claims against the manufacturer may apply. These claims are completely separate from workers' comp.
Employer Negligence Exceptions
While employers are usually protected from lawsuits by workers' comp, exceptions exist in some states. Intentional torts or egregious conduct may allow lawsuits against employers. Uninsured employers may be sued directly. Some states have specific exceptions for certain industries or situations.
Coordinating Benefits
If you receive both workers' compensation and third-party recovery, the workers' comp insurer typically has a subrogation right to reimbursement from your third-party recovery. You can't double-recover for the same medical expenses.
However, third-party claims still provide substantial additional compensation through pain and suffering and full (not partial) wage loss recovery.
What to Do After a Workplace Fall
Report the injury to your employer immediately—this preserves your workers' comp rights. Seek medical attention and document the hazard. Identify who owns the premises and who created or should have addressed the hazard.
Consult an attorney to evaluate both workers' comp and potential third-party claims. An experienced workplace injury attorney can identify all possible sources of recovery and coordinate your claims appropriately.