Occupational hazards include everything from tripping or slipping to exposure to hazardous chemicals. Slip and falls in particular are prevalent across all industries, and their causes are just as diverse. These kinds of incidents range from mild to severe and can cause anything from simple abrasions to
fatal injuries.
Slips and Falls at Work Happen All the Time
Slip and fall accidents account for roughly
85% of workers’ comp claims. Injuries from slip and fall accidents cost an average of 31 missed days of work and $70 billion in annual medical expenses. In fact, slip and falls accounted for
17% of fatal work-related injuries in 2014 alone. Whether an injury occurred during a slip and fall accident at work or you lost a loved one due to a work-related incident, you can file a personal injury claim against the employer.
Proving Negligence in a Slip and Fall Case
Slip and fall and other premises liability claims, like all personal injury suits, hinge on proving negligence. To collect the most compensation, you must prove your employer was negligent in some way that led to your injuries. OSHA requires employers and other organizations protect their employees’ safety through
security measures and equipment. For example, if you’re working high up in a building, you must wear fall prevention gear, like a body harness or carabineer. If an employer failed to provide adequate safety equipment, courts will most certainly hold him or her liable. There are other types of situations in which you may be able to sue not only your employer, but third parties for damages caused by your work injuries, for example:
- If you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product.
- If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance.
- If you were employed by a staffing agency sent to work for an employer and injured due to that employer’s intentional or egregious conduct, you might be able to bring a personal injury lawsuit against your employer.
- If a third party caused your injury, you might be able to bring a personal injury lawsuit against that person.
You Can Collect Even If You’re Somewhat at Fault
In some cases, you may be partially responsible for your own accident. Texas still allows you to collect compensation even if you were partially at fault yourself.
The comparative negligence clause states that, as long as courts find you less than 51% at fault, you can still collect compensation based on your fault percentage. For example, 20% fault in a $100,000 case means you can collect the remaining 80% ($80,000). Your attorney will collect evidence that minimizes the fault percentage so you can collect the fairest compensation possible.
Common Damages in a Slip and Fall Case
Your attorney will also attempt to secure greater compensation by increasing your damage amounts. This accounts for any expenses incurred after an accident, such as medical bills, lost wages, and pain and suffering. If a slip and fall accident claimed a loved one, you can file a wrongful death case or possibly claim punitive damages.
Looking for Effective Representation in Texas?
Because your employers will have attorneys protecting their best interests in cases involving slip and fall accidents on the job, make sure you have someone looking after your best interests. Find an accomplished attorney who understands how these cases work in Texas.
The
Law Firm of Aaron A. Herbert has ample experience in a variety of personal injury fields, including slip and fall and other premises accidents at work. If a slip and fall accident resulted in serious injuries and lost wages, our attorneys will fight to recover medical bills, pain and suffering and other expenses. We offer a free consultation and there is no fee or expense unless you recover.
Contact us today. If you’re in the San Antonio area reach out to our
San Antonio Slip and Fall lawyers.
