Knowing who’s liable for slip and fall accidents can be tricky, especially when it involves your employer’s property. If you’ve been injured on your employer’s property without being clocked in, don’t let workers’ comp get out of covering medical bills and any resulting missed work. Here’s how a slip and fall accident lawyer can help you get the compensation you deserve.
What does it mean to be “on the job?”
The U.S. Department of Labor defines being on the job as “portal to portal,” which means from the time you walk in the door of the business to the time you walk out. Unfortunately, this still isn’t very specific, and each case can ultimately be argued differently. Many lawsuits result from employees being injured while not being technically “on the job,” despite being on the way to work. Injuries that occur while traveling to or from work are generally not considered under workers’ comp jurisdiction.
Areas like parking lots, however, are considered an extension of the business itself. Furthermore, a reasonable person can be expected to require the use of the parking lot to get to and from work each day. Additionally, if you’re leaving the building of your employment to carry out an on-the-clock, work-related duty, workers’ comp should cover this without question.
The average claim for slip and fall accidents may be covered by a property owner’s insurance policy. However, if you’ve been injured and the injury is determined to be your fault, you may not be compensated at all, or you may only be partially compensated, depending on where you live.
When an injury happens at the workplace, workers’ comp benefits differ depending on the situation but will cover the medical bills and about two-thirds of any wages you lose during recovery regardless of whether or not it was your fault. Areas like parking lots, for example, are considered an extension of the business itself. Furthermore, a reasonable person can be expected to require the use of the parking lot to get to and from work each day. Additionally, if you are leaving the building of your employment to carry out an on-the-clock, work-related duty, workers’ comp should cover this without question.
Who’s responsible for a slip and fall accident at work?
Figuring out who is responsible for a slip and fall accident often depends largely on the concept of what’s reasonable. If you’re injured on someone else’s property, you must prove the property owner either actively created the obstacle or hazard that caused your injury and could assume a reasonable person might be injured because of it or knew the obstacle or hazard existed, had sufficient time to reasonably tend to it, and could have determined a reasonable person would find the conditions hazardous.
Can I be held accountable?
Different states have different laws about liability. These “comparative fault” laws, as they’re called, regulate what portion of the financial burden the individual at fault will be held accountable for. In a comparative fault state, if the injured party is determined to be at all accountable for their accident, they’re responsible for the total financial burden. Missouri, however, is a comparative negligence state. This means that the injured party is accountable for whatever percentage they’re determined to be at fault.
Under comparative negligence, if you were determined to be fully responsible for the accident (even on someone else’s property), you would receive no compensation at all. If you weren’t deemed responsible, the property owner would be fully responsible for compensation. If judge, jury, or insurance adjusters decided only 25% of the accident was your fault, the property owner would be responsible for providing 75% of the requested compensation.
The average claim for slip and fall accidents might include medical bills, lost wages, pain and suffering, lost property, and other expenses directly related to the injury. The hospital bill alone averages upwards of $30,000, according to the Centers for Disease Control and Prevention (CDC). Reasons you might be considered at fault include:
- Being in a restricted area for no legitimate reason
- Being distracted (such as texting and walking) during the incident
- Being injured despite sufficient warnings (such as posted signs)
For more information
Working with a slip and fall accident lawyer can help you feel more confident about getting compensation. Contact Missouri Injury Recovery today at (866) 986-1395 to discuss your case with a lawyer, or fill out this form to learn what your case is worth.
