When you’re involved in a slip and fall accident in the workplace, the solution for finding the right compensation might seem simple. A slip and fall accident requires a slip and fall attorney, right? Or would you people entitled to workers’ compensation, instead? Which would be better suited for you? Which are you actually entitled to? You’d be surprised at how complicated it can be to determine, but Tolbert Beadle, LLC is here to help.
At Tolbert Beadle, LLC, we have helped with countless cases of slip and fall accidents, and countless cases of injury in the workplace that required significant time away from work. We can help you determine which avenue is the best to pursue in this blog entry.
Was It Anyone’s Fault?
The first thing that you need to determine before you contact Tolbert Beadle, LLC is who, if anyone, is at fault. Determining who is at fault, or whether anyone truly was, is essential in determining your next course of action. Was the accident caused by negligence on your part, the part of a coworker, or your employer?
Can I Pursue a Slip and Fall If My Employer Is At Fault?
If you believe that your employer was at fault for your injury, what do you do next? In any other slip and fall case, the party responsible for preventing an accident and maintaining a safe environment is the one at fault. However, when it comes to a slip and fall injury at work, you cannot sue your employer. Many people even now are not aware that, if they are injured in the workplace, they must go through workers’ compensation. However negligent you think your employer may have been in the case of your injury, employers and business owners pay into workers’ comp to avoid being sued.
Why Workers’ Compensation?
The entire workers’ compensation system was set up in order to prevent employees from suing employers but still give them an avenue to receive compensation for a work injury. It functions as a form of insurance for both the employer and the employee but means that pursuing a legal case for an injury like a slip and fall accident against your boss is almost impossible.
Is It Truly Impossible?
Is it really impossible to sue your employer for a workplace injury? This is where things become complicated. When it comes to a workplace injury, there is an avenue you can pursue if you truly do feel that severe negligence led to an equally severe injury. Known as a Woodson Claim, this is a case wherein you must prove willful negligence by an employer.
For example, your boss might ask you to do something that they know and have explicitly stated to be extremely dangerous. Even then, this is an uphill battle, with their word against yours. Not to mention that the rules regarding these claims can vary depending on your state. While not impossible, pursuing a case such as a slip and fall or another injury through negligence is often not worth the additional time and stress compared to workers’ compensation.
Contact Tolbert Beadle, LLC
However you’ve been injured in the workplace, contact the Tolbert Beadle, LLC law firm today. Our experienced and professional workers’ comp lawyers and attorneys will know exactly which is right for you, and how to get started. Tolbert Beadle, LLC will fight your corner to make sure you stay informed, stay strong, and get the compensation you deserve.