Slip and fall accidents are common in the workplace. Suing for it, however, can be tricky, because you have to prove that the property owner was in some way negligent. Here’s how to know who’s responsible, how workers’ compensation works, and how much your injury could be worth.
Who’s responsible for a slip and fall accident?
Knowing who’s responsible in this situation can help you decide if you want to file a claim against someone for it. If you sue the property owner, proving that they were negligent is vital to your case.
Negligence might be interpreted as doing something to cause the accident (like putting a hazard in the middle of a walkway) or failing to do something that would have prevented the accident (like failing to have a hazard removed from the walkway).
On the other hand, if you sue for a slip and fall injury, the defendant may try to prove that you were at fault for your own injury. They could do this by showing, for example, that you were in an unauthorized area or on your cell phone while you ran into the object in the walkway.
What if both parties are at fault?
If you and the property owner are determined to be at fault, Kansas slip and fall laws follow comparative negligence codes. This means that both parties will be held liable and that their financial responsibility correlates to their percentage of fault.
Suppose you were on your phone and not paying attention to your surroundings, but the hazard was the property owner’s fault. The court might determine the injured party to be 25% responsible. The property owner, then, would only be responsible for 75% of the burden.
How does workers’ compensation work?
If you were injured at work, regardless of whose fault it is, your employer’s workers’ compensation policy should cover your medical bills, any necessary therapy (i.e. physical therapy), over-the-counter necessities, and two-thirds of your normal, average wages.
The exceptions to receiving benefits are if you were intoxicated or doing something illegal at the time you were injured. In some instances, if the injury leads to chronic conditions or disability, you may receive a bulk sum to provide ongoing medical care after reaching the maximum level of healing your physician expects.
Reporting the accident to your employer is critical to receiving your benefits. Don’t be embarrassed, downplay an injury, or be frightened of repercussions. Just because you’re not currently displaying symptoms of a larger problem doesn’t mean there isn’t one. Additionally, your employer can’t legally retaliate when you seek workers’ compensation.
Note that it can be difficult in some accidents to receive workers’ compensation benefits. Injuries occurring outside the building of your employment, such as on the sidewalk or in the parking lot, may or may not be considered “on the job,” particularly if you’ve not yet clocked in or have already clocked out.
How long after a slip and fall can you sue?
The statute of limitations for personal injury in Kansas is two years. This means you have two years from the date of your injury to decide if you want to pursue legal compensation from the property owner.
This includes physical harm that resulted from the accident as well as any personal property damage. Perhaps your cell phone was in your pocket and got irrecoverably crushed when you fell. You might file a suit to ask the property owner to pay for a replacement or the cost of fixing the existing phone.
So can I sue my employer for a slip and fall?
In most scenarios, no, you can’t sue. You can, however, sue your employer for a slip and fall accident if they’ve acted with “gross negligence,” which essentially means that they did something that led directly to your injury.
In some cases, an outside person or company (also called a “third party”) may be directly responsible for the accident. If you have evidence that this third party was liable through negligence, you may be able to sue them for compensation, even if your employer is out of bounds.
How much is a slip and fall injury worth?
The average slip and fall injury costs between $30,000-$40,000. The worth can vary greatly depending on the kind of injury, the medical care required, the circumstances surrounding the accident and your recovery, and many other factors. The average claim for slip and fall accidents takes into account:
- Medical bills
- Pain and suffering
- Lost wages (current and future)
- Lost property
- Other financial damages that are directly caused by the injury
For more information
If you’ve been injured in a slip and fall injury, don’t wait to pursue compensation. Call Kansas Injury Recovery today at (866)294-7467, or submit this form to find out what your case is worth.
