Who Can I Sue After Falling at Work?

If you've suffered a slip, trip, or fall injury while performing your job duties in Washington State, you're likely entitled to workers' compensation benefits. Workers' comp covers most workplace injuries regardless of fault, including accidents caused by slippery surfaces, obstacles, or hazardous conditions at work. But sometimes, the fall was caused by a third party’s negligence. In this instance, you may be able to seek compensation above and beyond your comp benefits.

To secure the benefits and compensation you deserve, you should understand your rights and take the proper steps after a workplace slip and fall. Our Seattle workers' compensation attorneys can help guide you through the claims process and ensure you receive fair compensation for your injuries.

Can You Get Compensation Beyond Workers’ Comp for Falling at Work? Key Requirements.

Several key elements must be established to receive workers' compensation benefits and other compensation you’d receive after filing a slip and fall lawsuit. Let's examine each component in detail.

1. Identifying Responsible Parties Beyond Your Employer

While workers' compensation is a no-fault system, identifying third-party responsibility is vital if you pursue additional compensation beyond workers' comp benefits. To win a third-party claim for your slip and fall, you need to prove someone else was negligent and it was that negligence that caused your accident.

Here are some examples of that kind of negligent behavior:

• Ignoring a known mess: If the property owner knew about a spill or something else that made the floor slippery and did nothing about it.
• Skipping safety checks: If the owner doesn't regularly check for dangers like loose handrails or tripping hazards.
• Ignoring a reported problem: If someone told the owner about a dangerous situation, but they didn't fix it.
• Failing to warn people: If there's something dangerous that people might not notice, like a sudden step-down, and the owner doesn't put up a sign or highlight the step-down somehow.

2. Hazardous Workplace Conditions

There are many potential causes for workplace falls. Here are some common hazards to look out for:

• Wet or slippery floors
• Uneven walking surfaces
• Poor lighting
• Cluttered walkways
• Missing handrails
• Ice or snow accumulation
• Recently waxed or polished floors
• Loose carpeting or floor tiles

3. Establishing Knowledge of Safety Hazards

If pursuing a third-party claim, you must show the property owner or responsible party knew or should have known about the hazardous condition and failed to address it. This can be established through maintenance records, previous incident reports, or witness statements.

4. Demonstrating You Weren't at Fault

While workers' compensation benefits are available regardless of fault, it's essential to show you didn't create or knowingly contribute to the dangerous condition that caused your fall.

5. Connecting Your Injuries to the Accident

You must also demonstrate a direct connection between the hazardous condition and your injury. Medical records and immediate incident reporting help establish this causal link.

6. Calculating Your Total Losses

Document all losses resulting from your injury, including medical expenses, lost wages, and any permanent impairment or disability.

Workers' Compensation Benefits for Slip and Fall Injuries

Workers' compensation in Washington State provides several types of benefits for slip and fall injuries:

• Medical treatment coverage for all necessary and reasonable care.
• Time-loss compensation (wage replacement) while unable to work.
• Permanent partial disability benefits if your injury causes permanent loss of function.
• Vocational rehabilitation services if it's impossible to resume your previous job.
• Permanent total disability benefits for catastrophic injuries to employees who are certified as permanently and totally disabled.
• Prescription medication costs.
• Medical equipment and supplies.

What Happens If You Slip and Fall at Work? Steps to Take in Washington State.

If you experience a slip and fall at work, it's important to take the steps below to protect your health and rights.

1. Document and Report Your Injury Immediately

The very first thing you should do after a slip and fall is tell your supervisor or manager about the incident. Don't downplay the situation — even if you feel fine at the moment, injuries can sometimes take time to manifest. A prompt report creates an official record of the event and demonstrates that you're taking the situation seriously.

2. Get Professional Medical Care Right Away

Get medical attention right away, even if your injuries seem minor. Although you can see any doctor for your initial visit, subsequent treatment must be provided by a provider in L&I's approved network. Document all symptoms and follow your doctor's treatment plan carefully. Your first visit to a doctor for a specific workplace injury is covered, even if your workers’ comp claim is not approved. If you need medical care after the first visit, you will need to see a provider in the L&I’s approved network, assuming your regular doctor is not in their network.

3. Partner with a Professional Washington State Slip and Fall Attorney

Contact Lehmbecker Law's attorneys to thoroughly evaluate your case, explain your rights, and help maximize your benefits. With vast experience handling workplace injury claims, we know how to identify potential third-party claims that might provide additional compensation beyond workers' comp.

4. Start Your Workers' Comp Claim Process Without Delay

File your workers' compensation claim promptly through your healthcare provider or directly with the Department of Labor and Industries (L&I). Your doctor can file the initial report, but you must complete additional required paperwork.

You have 1 year after your work accident to submit your workers' compensation claim. This period begins the day following the incident.

Additional Claims Against Third Parties

While workers' compensation is your primary remedy for workplace injuries, you may have additional claims against third parties whose negligence contributed to your accident.

Examples include:

• Property owners (if different from your employer)
• Maintenance companies
• Equipment manufacturers
• Contractors or subcontractors
• Cleaning services

These claims can provide compensation beyond workers' comp benefits, including pain and suffering damages. Remember, in Washington State, the statute of limitations for personal injury claims is generally three years from the date of the injury. However, there are some exceptions to this rule. This is why contacting our experienced injury lawyers immediately after a workplace injury is essential to get all the answers.

5. Build a Strong Case with Proper Documentation

Gather documentation to support your claim:

• Documentation of all medical care
• Records of all prescribed medications
• Employer's report of the incident
• Copies of your income tax forms
• Photographs of the accident scene and your injuries

What Is the Average Workers' Comp Settlement After a Slip and Fall?

The value of your claim depends on several factors:

• Severity of your injuries
• Length of disability
• Your pre-injury wages
• Permanent impairment rating
• Future medical needs
• Ability to return to work
• Need for vocational rehabilitation

Time-loss benefits typically equal 60-75% of your weekly average gross wages, depending on your marital status and number of dependents.

Common Obstacles in Slip and Fall Workers' Compensation Cases

Common obstacles in workers' compensation claims include:

• Claim denials based on pre-existing conditions
• Disputes over the extent of disability
• Pressure to return to work too soon
• Independent medical examinations that minimize your injuries
• Delays in benefit payments
• Questions about whether the injury was work-related
• Employer retaliation

Working with a workers' comp attorney helps overcome these challenges and protect your rights.

Secure Your Workers' Compensation Benefits Today

Slip, trip, and fall injuries at work can have serious consequences for your health and financial stability. While workers' compensation benefits are available to help you recover, navigating the claims process can be challenging. Our Washington State workers' compensation attorneys understand the complexities of workplace injury claims and can help ensure you receive the full benefits you deserve.

Don't risk losing valuable benefits by handling your claim alone. Don’t trust the workers’ comp insurance company because their main goal is to pay you as little as possible. Call us today for a free consultation about your workplace slip and fall injury. We'll take swift action to evaluate your case, clarify your rights, and fight to get you the compensation you deserve.