Can You File a Personal Injury Claim After a Slip and Fall Accident at Work?
According to the National Floor Safety Institute (NFSI), more than a million people visit the ER yearly due to slips and falls. Slip and fall accidents can happen anywhere, including at work. When a slip-and-fall accident occurs at work, it is natural to wonder what your legal options are. In South Carolina, navigating a case of a slip and fall accident that occurred at work can be challenging. If you suffered a slip and fall injury while at work, you may be wondering, “Can I file a personal injury claim or is my only option workers’ compensation?” You may be eligible to file a personal injury claim depending on what led to your slip and fall accident. Read on to learn more.
Workers’ Compensation in South Carolina
In South Carolina, most employers are required to maintain workers’ compensation coverage. Workers’ compensation insurance is essential for protecting the financial well-being of employees who suffer injuries or develop illnesses during the course of their employment. Workers’ compensation in SC covers a wide range of injuries and diseases, including injuries that occur in sudden accidents, such as slip and fall accidents.
Workers’ compensation is an exclusive remedy. In exchange for recovering workers’ compensation benefits, injured or ill workers give up their right to sue their employers for negligence. Even if an employer’s negligence results in an employee suffering an injury in a slip and fall accident, they cannot file a personal injury claim against the employer if they are covered by workers’ compensation. Injured workers can also recover workers’ compensation benefits even if they are to blame for their accident. Workers’ compensation is a no-fault system.
Exceptions That May Allow an Injured Worker to File a Personal Injury Claim
While workers’ compensation in South Carolina is an exclusive remedy, some exceptions may allow an injured worker to file a personal injury claim. Suppose a third party (another person or entity other than your employer) caused or contributed to your slip and fall accident. In that case, you may be eligible to file a personal injury claim against that third party. In a slip-and-fall accident case, third parties can include property owners, equipment manufacturers, and contractors. For instance, if a contractor fails to properly secure construction materials, resulting in a slip and fall, the injured worker can pursue a personal injury claim against the negligent contractor.
Proving Negligence in a Slip and Fall Accident Case
To have a successful slip and fall accident claim against a third party, you need to establish negligence on the part of the third party. In South Carolina, proving negligence entails demonstrating the following elements;
- The third party owed you a duty of care
- The third party breached their duty of care
- The breach directly caused your injury
- You suffered damages
Gathering evidence, including witness testimonies and surveillance footage, can help you prove your case. A qualified personal injury attorney can help you collect, preserve, and present evidence.
Contact Us for Legal Help
If you have suffered an injury in a slip and fall accident while at work and need help determining if you have a valid personal injury claim, contact our qualified Charleston personal injury lawyer at Gus Anastopoulo Law Firm to schedule a consultation.
Source:
nfsi.org/nfsi-research/quick-facts/#:~:text=Slips%20and%20falls%20account%20for%20over%201%20million%20visits%2C%20or%2012%25%20of%20total%20falls
