Can I Get Workers Comp Benefits for an Injury Due to a Fall at Work?
New York Workers Comp Attorney
You might be wondering if you qualify for collecting workers compensation benefits after suffering an injury as a result of tripping and falling at work. Our New York workers comp attorney from Polsky, Shouldice & Rosen, P.C. might tell you that the short answer is, yes. In fact, there is legal precedent for workers who are injured in slip and fall accidents in the process of doing their job– under most circumstances they are eligible for benefits.
In addition, if you had an existing medical condition and that condition was aggravated after you suffered a fall while at work (that may or may not have been caused by the original injury), you should still be eligible for workers compensation. As our New York workers comp attorney at Polsky, Shouldice & Rosen, P.C. knows very well, these facts are often ignored by workers compensation insurance companies who routinely deny claims of workers with pre-existing conditions.
Do you Need to Hire a New York Workers Comp Attorney to Get Compensation for Your Injury?
If it is necessary to file an appeal with the workers compensation insurance company because you were denied benefits, you may want to hire a New York workers comp attorney from Polsky, Shouldice & Rosen, P.C. The process for filing an appeal is tedious and complex for many people. Guidance from an experienced New York workers comp attorney can make all the difference.
What is Considered a Slip and Fall Injury?
If an employee slips and falls while at work and is injured as a result, they are eligible to filed for a workers compensation claim. Workers comp is a no-fault system meaning that it does not matter if the worker caused the accident. This is contrary to personal injury suits, which can be hard to win because the plaintiff (the one who had the accident) must prove that the defendant (company) was at fault because they failed to remedy the hazardous condition. If there was not a hazardous condition and the employee simply tripped, they would not qualify for personal injury compensation, but they could receive workers compensation benefits. Talk to our New York workers comp attorney from Polsky, Shouldice & Rosen, P.C. to learn more about how we might be able to help you.
Common Causes of Slip and Falls on the Job
There are many scenarios in which an employee might suffer an injury. Every New York workers comp attorney from Polsky, Shouldice & Rosen, P.C. is familiar with the common causes of such accidents, including:
- Inadequate lighting
- Holes, cracks, or uneven flooring
- Wet floors caused by spilled liquids or weather
- No warning signs of a floor hazard
- Stairs that are uneven or broken
- Cords, wires, and cables that run across the floor
What Kind of Compensation Can I Expect to Receive from My Claim?
Our New York workers comp attorney from Polsky, Shouldice & Rosen, P.C. will need to review the details of your case to determine applicable damages, but your claim might include:
- Payment or reimbursement of medical and/or physical therapy bills
- Any out-of-pocket additional medical expenses for prescription medications, crutches, braces, etc.
- Lost wages incurred during recovery and while being treated (this is usually about two-thirds of your normal wages)
Remember, workers compensation insurance is a no-fault policy which means you do not have to prove that the injury was the employer’s fault. Call us today to discuss your case with our New York workers comp attorney at no charge.