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Atlas Law Firm Jan. 12, 2023

Slip and Fall Injuries and Workers’ Compensation: Everything You Need to Know

Slip and fall injuries are the most common types of workplace injuries, most often occurring n jobs such as construction. They pose an even greater danger during the winter, as the low temperatures cause the ground to freeze and become slippery. While there are preventive measures both employers and employees can take to prevent this, sometimes this type of injury is simply unavoidable.

Additionally, these accidents are not only reserved for winter. They could happen any time of the year if the workplace is cluttered, if the floor is wet or if there’s spilled oil. For workers who experience a slip and fall injury, the first thing to remember is how the accident happened. They have to know what caused it or how it happened in order to be able to claim workers’ compensation benefits.

Think About Your Statement

The reason you should remember how the fall happened is that it could make or break your workers’ compensation claim. For example, tripping on your own foot may not be enough to build a case around, as it is considered an idiopathic accident. But if you fell due to a slippery floor, that’s a whole different story.

You don’t have to know all the details in order to win the case, only that a defect or outside error was what caused the slip. For example, you don’t need to know if it was oil or water that made the floor slippery, only that it was slippery and that it was the reason you fell. Naturally, the more details you have the stronger your case will be. If you noticed the floor was waxed or cleaned before your fall, make sure to make a note of that.

Naturally, you can’t always be aware of everything as these types of falls occur suddenly. But never give a statement implying that you can’t remember how the accident happened, as it can be used to hurt your case.

Be Honest

If you are not sure how the slip happened, the best thing to do is, to be honest about it. If you assume or make up a story that the floor was wet when you cannot be certain, which could harm your case. An inspection might prove that the floor wasn’t wet and that there was no spill that could have caused the fall and your statement could be misinterpreted as lying. In most cases, simply stating that you slipped and fell is enough for a case, there’s no need to add details you’re uncertain of.

How long does it Take for a Slip and Fall Claim to Be Resolved

According to a research conducted by Martindale-Nolo in 2015, the average time it takes to resolve a slip and fall workplace injury claim is 14.9 months, which is slightly shorter than most other types of claims. There are several factors that influence how long it might take to resolve a slip and fall injury case such as an initial denial of the claim, whether you hire a workplace injury lawyer and if you file an appeal or request a hearing.


What Do I Bring to The Meeting of Creditors?  -

There are 2 things you must do after your case is filed: (1) attend the meeting of creditors (aka the 341 hearing); and (2) complete a debtor’s education course via phone within 75 days from the date your case was filed. The 341 hearing is sometimes referred to as the meeting of creditors because your creditors can attend the meeting and ask you questions about the information contained in your petition.

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