Workers’ Compensation Slip and Fall Attorney in Virginia

 

Get the Medical Treatment and Cash Benefits You Deserve for Your Slip and Fall Accident at Work. Call Our Slip and Fall Lawyer Today.

 

A slip and fall accident is one of the most common types of accidents that happen at work. In fact, slip and fall injuries are often the leading cause of workers’ compensation claims in Virginia for employees of all ages.

 

The reason slip and fall accidents are such a common workplace hazard is that these accidents can happen anywhere: office buildings; construction sites; roofs; ladders; retail stores; hospitals; and every other workplace. A seemingly minor hazard such as a wet floor or cracked sidewalk can lead to a serious slip and fall injury that causes you to miss months from work, suffer permanent partial disability, and rack up tens of thousands of dollars in medical bills. Some slip and fall injuries, such as those resulting in traumatic brain injury or spinal cord injury, may cause permanent and total disability and require in-home care.

 

This article provides an overview of workers compensation slip and fall settlements and cases. If you had a slip, trip, or fall at work that resulted in a serious workplace injury, keep reading to learn more. Then call slip and fall attorney Corey Pollard for a free consultation regarding your right to workers’ compensation benefits and a lump sum work comp settlement in Virginia.

 

Common Causes of Slip and Fall Injuries at Work

 

There are many causes of slip and fall or trip and fall accidents on the job. You slip when you don’t have enough traction between your shoe and the surface. You trip when an object causes you to lose your balance and fall. The most common causes of slip and fall and trip and fall injuries resulting in workers’ comp claims include: 

 

  • Wet floors – Mopping or spilled liquids can cause wet floors

 

  • Messy floors – Customers or tenants may track in dirt and mud, causing a messy floor

 

  • Poorly maintained walkways – Broken tiles, splintered wood floors, potholes

 

  • Standing weather hazards – Visible snow or ice that was not cleared, or standing water

 

  • Broken stairways or steps

 

  • Loose railings and handrails

 

  • Open manholes that pedestrians may step in

 

  • Uneven flooring

 

  • Unsafe construction site conditions or remodeling conditions – construction debris and materials left in the walkway, broken concrete

 

  • Poor lighting – No lighting or dim lighting that obstructs hazards

 

  • Clutter – objects, such as boxes or unshelved products, that block walkways

 

  • Obstructed views

 

  • Bright lights that shine on floors or make it difficult to see hazards

 

  • Broken or poorly maintained parking lots

 

We have represented nurses, truck drivers, auto mechanics, grocery store employees, warehouse workers, and retail employees in slip and fall accident claims before the Virginia Workers’ Compensation Commission. Every work site presents unique hazards that can cause a slip and fall injury.

 

What to Do Following a Slip and Fall Accident on the Job

 

Slip and fall accidents can be embarrassing. We get it. But they can also be serious and devastating. Notify your employer of the slip and fall accident as soon as it happens, even if you’re embarrassed. Many injuries and symptoms won’t present themselves until hours or days later. If you fail to report the slip and fall immediately you may forfeit your right to benefits, including temporary total disability and temporary partial disability payments.

 

You should also seek immediate medical treatment after a slip and fall. Though medical care is expensive, you may be able to get your employer and its workers compensation insurance carrier to pay for the treatment related to your injury. Request a list of doctors, also known as a panel, then consult with a qualified attorney before choosing your workers’ compensation doctor. The right doctor can help you prove causation and disability if the insurance carrier disputes your claim for work comp benefits.

 

Special Considerations in Workers’ Compensation Slip and Fall Accidents

 

Those of you that work outside or on slippery surfaces such as ceramic tile floors know that falls in the workplace are common. And often it is difficult to explain how or why the fall happened – it just did. When this is the case, it is difficult to prove that the accident is covered under workers’ compensation. Though slip and falls with obvious causes are covered, unexplained falls are typically not compensable because the critical link between the employment and the accident cannot be made.

 

It is, however, possible to win a case involving an unexplained fall if the Virginia Workers’ Compensation Commission is able to draw a reasonable inference from the facts and evidence presented that a work-related risk caused the injured worker to fall and sustain injury. An experienced workers’ compensation attorney can help develop the proper facts and evidence so that you have a chance to win your case.

 

In Villalta v. GG Cascades, LLC, JCN VA00000529349 (April 15, 2013), the claimant injured her right ankle when she slipped and fell on a ceramic tile floor while walking backwards and mopping. The deputy commissioner held that the claimant’s slip and fall was not a compensable accident arising out of her employment. The full Commission reversed the deputy commissioner and held that the claimant’s accident is covered under the Virginia Workers’ Compensation Act. It found that though a ceramic tile floor is not, by itself, a risk of the employment, the claimant’s fall occurred due to the combination of walking backwards and moving a mop from side to side on a slippery floor. And these conditions created a risk peculiar to the claimant’s employment.

 

This case provides an example of how fact-specific workers’ compensation slip and fall cases can be. Do not give a recorded statement until you have discussed your slip and fall accident with a work injury attorney. Leaving out a key detail can be the difference in obtaining financial security following a slip and fall injury or having to file for bankruptcy.

 

Obtaining Additional Compensation for Personal Injuries from Your Workplace Slip and Fall Accident

 

Depending on the location and cause of your slip and fall accident, you may have both a personal injury lawsuit and a Virginia workers’ compensation claim for your slip and fall accident.

 

Because workers’ compensation is a no fault system, you cannot sue your employer for slipping and falling at work. You may, however, have a civil action based on your slip and fall accident if you can prove that someone else is liable for your injuries.

 

Businesses and property owners owe a legal duty to their customers, guests, and tenants. When they invite you onto their property to purchase food or other products, to service the facility, or to work, they must maintain their parking lots, parking decks, floors, sidewalks, and walkways. When they fail to either clean or repair an unsafe condition, or to warn you of a spill or hazard by placing signs, then they may be responsible for injuries you suffer in a slip and fall accident.

 

For example, a grocery store may have a duty to clean up spills, put up warning signs around wet floors, and stock shelves so that merchandise does not fall and trip a customer or guest. Likewise, a retail store may have a duty to remove snow and ice from the parking lot so that customers do not slip and fall while walking into the store. Landlords of apartment buildings have a similar duty to their tenants and guests. If you suffered a broken bone, ligament tear, or TBI because of a slip and fall accident on someone else’s property, call slip & fall attorney Corey Pollard right away. You may have a personal injury lawsuit even if you were on the clock while visiting the property. 

 

Though most businesses open to the public have a legal duty to keep their space clear of hazards, winning a slip and fall lawsuit in Virginia is difficult. Property owners are not always liable. To obtain compensation, you must prove not only that there was a defect or unsafe condition on the property that cause your fall and injuries, but that the property owner new or should have known of this condition. Expert testimony from engineers and safety experts is an important part of winning your case. Because of the difficulty you’ll have, contact a slip and fall attorney immediately. Your attorney can evaluate your claim and analyze your chance of success. And continue to pursue workers’ compensation. Because it is a no fault system, you have a better likelihood of prevailing there and obtaining compensation while your personal injury action is pending.

 

Speak to Our Dedicated Workers Compensation Slip and Fall Lawyer

 

Workers compensation attorney Corey Pollard has handled hundreds of Virginia workers’ comp matters ranging from office injuries to construction site injuries due to slip and fall accidents. An unsafe workplace or careless building owner can lead to slip and fall injuries anywhere and anytime.

 

Our Richmond, Virginia based workman’s comp law firm can help you recover cash benefits and lifetime medical care when you are injured on the job. And if a negligent third-party is responsible for your slip and fall or if you are unable to return to competitive employment due to the extent of your injuries, we’ll help you pursue personal injury and Social Security disability claims.

 

Contact Corey Pollard, the premier Virginia lawyer dedicated to workers’ compensation and Social Security disability law, for a free consultation: (804) 251-1620 or (757) 810-5614. We represent slip and fall accident victims in Central Virginia, Hampton Roads, Roanoke, and Northern Virginia.

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