What Are My Legal Options If I Slipped and Fell at Work?
If you slipped and fell at work, you in most cases cannot sue your employer, even if they negligently failed to maintain safe premises. What you can do is potentially file a workers’ compensation claim and access monetary benefits to cover medical care and a portion of your missed wages. You do not have to prove fault to get workers’ compensation benefits. You can also typically get benefits even if the slip and fall was your fault so long as you were not intoxicated, under the influence of drugs, or attempting to hurt yourself or someone else. Our firm also handles workers’ compensation claims and can help you explore all of your options.
How Long Do I Have to File a Slip and Fall Lawsuit in Georgia?
Georgia’s statute of limitations for premises liability lawsuits is two years. Therefore, you have two years from the date you slipped and fell to take legal action, though doing so as soon as possible is in your best interest. You cannot recover any compensation if you do not file your lawsuit before this deadline.
What are some general rules to help decide whether someone else was at fault for your slip and fall injury?
- The owner of the property or an employee caused the dangerous situation or permitted it to exist.
- The owner of the premises or an employee knew of the dangerous condition but did nothing to fix it or warn you about it.
- The owner of the premises or an employee should have known of the dangerous condition because a “reasonable” person taking care of the property would have discovered and remedied it.
- You did not see the hazard before it caused your injury.
What Other Types of “Premises Liability” Exist?
Property owners are required to use reasonable care in maintaining their properties. An experienced Atlanta premises liability attorney knows when a property owner has disregarded laws meant to protect you, and when they may be held liable for your injuries.
Other types of premises liability may include:
- Falling objects in stores
- Defective guard rails on hotel or apartment balconies or stairs
- Roof collapses
- Negligent security, bar fights, gun violence, and murder at a business
- Retail and Restaurant negligence
Common Trip and Fall Hazards
- Wet or slippery floors, particularly where no caution signs are posted
- Building code violations, such as broken concrete, uneven steps, stairs that lack guard rails, raised carpeting, or floorboards.
- Negligent construction in commercial buildings, hotels, stores, offices, and apartments
- Deck or platform collapses
- Malfunctioning Elevators
What About Falls at Work?
According to the National Floor Safety Institute (NFSI), slip and fall accidents are the leading cause of workers’ compensation claims and the leading cause of work-related injuries for workers aged 55 and older.
Falls are Serious and Costly
Let’s be honest: there is a stereotype when it comes to slip-and-fall claims. An experienced, honest attorney will screen out false claims and minor injuries. The truth is, Georgia protects businesses and homeowners from accident claims where the hazard was in plain view, or when the fall could have been prevented by simple caution. However, not all hazards are obvious, and a slip and fall injury can change your life.
The CDC notes that one out of five falls causes a serious injury, such as broken bones or head injury. Over 800,000 patients are hospitalized every year because of a fall injury, most often because of a traumatic brain injury (TBI) or hip fracture. In fact, more than 95% of hip fractures are caused by falling, and falls are the most common cause of traumatic brain injury (TBI).
How Common Are Serious Falls?According to the Centers for Disease Control and Prevention (CDC), death rates from falls increased by 30% in the U.S. between 2007 and 2016, particularly in older adults. Likewise, the medical costs of falls in the U.S. in 2021 were over $50 billion. In fact, falls are the most common cause of traumatic brain injury (TBI), and most fractures suffered by older adults.