You may be able to secure compensation for your medical expenses and other losses if you slipped and fell while at work in California. In most cases, you will need to file a workers’ compensation claim to get compensation for an on-the-job injury. However, you may be able to sue your employer for a slip and fall accident in California in some cases.
The Simmrin Law Group can help you review your legal options for getting fair compensation after an on-the-job slip and fall accident. Start getting legal assistance now by contacting Simmrin Law Group to speak to our slip and fall accident lawyers in California.
Facts About On-the-Job Slip and Fall Accidents
Job sites often come with a high risk of slipping and falling in California. In fact, according to the National Floor Safety Institute (NFSI), falls are the foremost reason that employees miss days at work around the nation.
Around one million people visit the emergency room every year after they slip and fall. Additionally, slip and fall injuries are considered a leading cause for workers’ compensation claims throughout the U.S. As you can see, you are not alone if you slipped and fell while working in California.
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Workers’ Compensation and Slip and Fall Accidents in California
Generally, you are not allowed to sue your employer for on-the-job injuries, including those caused by slip and fall accidents. Instead, you must seek compensation through California’s workers’ compensation system for job-related accidents.
You do not have to prove that your employer was to blame for your accident to get damages through the workers’ compensation program. This often makes it easy for you to get compensation to cover your losses after an accident.
California’s workers’ compensation program allows you to secure damages for your:
- Healthcare expenses
- Lost wages at work
- Diminished earning capacity
Get more answers about the workers’ compensation program in California from the professionals at the Simmrin Law Group. You can contact Simmrin Law Group easily.
Denial of a Workers’ Compensation Claim in California
You should be aware that your employer may try to deny your workers’ compensation claim in some situations. While you do not have to prove fault to secure workers’ compensation benefits, this does not mean that all claims are automatically accepted. Your claim could be denied if:
- You were hurt while working a different job
- You didn’t need medical care for your injuries
- You suffered an injury that wasn’t work related
Sometimes, employers will argue that you were not injured at all. For this reason, it is important that you seek medical care promptly after an on-the-job slip and fall accident. A medical professional can officially document your injuries, which can make it more difficult for your employer to deny your claim.
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Options to Sue an Employer for a Slip and Fall Accident
As we mentioned earlier, you can sue your employer for a slip and fall accident in some rare cases. Generally, you will only be able to sue your employer if they do not carry workers’ compensation insurance.
Note that employers in California are legally required to carry workers’ compensation insurance in most cases. If you find out that your workplace does not have workers’ compensation available, you may be able to sue them for damages.
You may also be able to receive immediate benefits from the Uninsured Employers Benefit Trust Fund if your employer does not carry workers’ compensation insurance. This fund can ensure that you receive the compensation you need to pay medical bills in a timely fashion.
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Benefits of Suing an Employer After a Slip and Fall Accident
Suing your employer may allow you to seek compensation above and beyond what is offered by a workers’ compensation claim. For example, you may receive compensation for non-economic damages if you sue your employer. Non-economic damages can cover your pain, suffering, and mental anguish.
You can get professional assistance in building a legal case against your employer from the team at the Simmrin Law Group. Allow our slip and fall accident lawyers in California to begin reviewing all your legal options after an on-the-job injury.
Get Legal Advice About Suing Your Employer for a Slip and Fall Accident
In most cases, you cannot sue your employer for a slip and fall accident in California. Instead, you must seek damages through the workers’ compensation program. Go over the best way to get the compensation you need to recover from your injuries now with the Simmrin Law Group. Complete our online contact form or contact Simmrin Law Group to get started.
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