Can I Sue My Employer for a Slip and Fall?

Workplace injuries happen in any environment, from construction sites to nursing homes. They can be anything from a minor sprain to a loss of limb and, in extreme cases, a fatality. Despite all the efforts to create a safe workplace, accidents persist. According to the Bureau of Labor Statistics, there were over 2.8 million incidents of reported nonfatal illnesses and injuries from workplaces. This raises the important issue of whether you can sue your employer for a slip and fall accident.

The Workers’ Compensation Default Factor

Maryland workers’ compensation laws exist to provide benefits to employees injured on the job. As the Maryland Workers’ Compensation Commission puts it, this insurance coverage, the harm an employee suffered must have been caused by “an accidental personal injury arising out of and in the course of employment” for a worker to qualify for benefits under this program.

If you file a worker’s compensation claim and that claim is settled, you are not entitled to sue your employer for additional benefits. The workers’ compensation would be considered your sole remedy. It also means you could not file a lawsuit to review compensation for noneconomic damages such as pain and suffering in a civil lawsuit.

Exceptions to the Sole Remedy Clause

There are certain exceptions to the workers’ compensation in Maryland where a lawsuit might be a viable option to seek a remedy for your injuries. The following might be exceptions that apply to your case:

Failure To Procure Insurance

Every Maryland business that hires employees must obtain workers’ compensation insurance through an approved provider for those employees. If the business fails to comply with that law, it could be fined up to $10,000. Non-compliance would also open the employer to civil action from an employee seeking compensation for a work-related injury.

Intentional Acts

An employee who is found to intentionally cause harm to their workers could expose themselves to criminal and civil liability. This doesn’t mean the employer purposely pours oil on the floor, causing workers to slip and fall. However, if that employer ignores the safety guidelines that have been established by the Occupational Safety and Health Administration (OSHA), that would be considered a deliberate act. That would allow you to opt out of the workers’ compensation system and directly file a personal injury lawsuit.

Third-Party Claims

As an employee, you no doubt come in contact with many vendors and subcontractors as part of the business operation. If one of those third-party entities causes the injury, you couldn’t file a workers’ compensation claim against them because you technically aren’t their employee. That would allow you to pursue the matter in civil court.

Several scenarios would fall under these exceptions. For instance, you could file a product liability claim if you were using a tool or instrument that caused injury and it was proven to have a manufacturing defect. In that case, you could sue the manufacturer even though the injury occurred at work. You could also sue a negligent driver who caused an accident while you were driving for work purposes.

Securing Compensation for Your Injuries

If it is determined that your workplace injury qualifies for civil action, you could be entitled to receive compensation for the following:

• All medical expenses, including ER visits, surgery, physical therapy, and medications
• Lost wages
• Future earning capacity
• Pain and suffering
• Emotional distress

The family of a loved one who lost their life because of a work-related injury can enter into a wrongful death action if the exceptions apply.

Find the Right Legal Help

When faced with a potential lawsuit, an employer will always try to absolve themselves from responsibility and let the workers’ compensation insurance handle the matter. If you can’t find satisfaction in filing a workers’ compensation claim after a slip and fall accident at work, you should explore other options. That begins with talking to the attorneys at Belsky & Horowitz LLC.

We will closely examine the circumstances surrounding your injury and provide you with information about options for moving forward with your case. Call to schedule a consultation today.