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Slip and Fall Injuries

Personal Injury versus Workers Compensation

Normally, slip and fall cases are covered under a special branch of personal injury law called premises liability law. Under premises liability law, a standard of care is set based on the reason you were at the premises, with those invited to a premises to do business afforded the highest amount of protection and those trespassing on a premises afforded the lowest amount of protection. Negligence must be proven for you to recover, and you are able to collect your damages only by proving that the premises owner breached his duty and that the breach led to damages.

Worker's compensation is different. Under the worker's compensation laws in place throughout the United States, a worker who is injured at work is not permitted to sue his employer in a personal injury lawsuit. Instead, that worker recovers under worker's compensation rules and gets his damages from a worker's compensation insurer. To get damages for your slip and fall, you must prove:

  • That it happened at work, while you were working or because of your job duties
  • The nature and extent of your injuries and illnesses

It is important to note what is missing from that list- negligence. Your boss or employer did not have to be negligent for you to recover your damages from a slip and fall case. Negligence is not relevant. As long as you weren't drunk or under the influence or doing something against specific company rules when your injury happened, if that injury happened because of work, then you can recover.

The worker's compensation laws determine exactly how much you get, instead of a jury determining your damages as in a slip and fall case. The workers comp payment is usually based on the nature and severity of the disability or injury that you suffered as a result of the slip and fall.

If you slipped and fell at work, you should speak with one of our lawyers right away.