Fall down accidents at work, such as a slip and fall accident in a bathroom or a trip and fall accident in a hallway, are quite common. For the majority of people who have fall accidents at work, the injuries will be minor, maybe a sprained wrist or bruised knee. However, in some workplace fall accident cases, serious injuries may result, such as broken bones, spinal injuries and head injuries, especially when the fall occurs on a hard surface or down a flight of stairs. In these types of situations, it is imperative to speak to a workplace accident lawyer immediately.
Workplace Fall Accident Victims Commonly Make the Mistake of Never Consulting with a Lawyer
Many fall accident victims believe that the accident was their fault. This is a natural human response to any fall accident. Many people tend to blame themselves for tripping or slipping. However, in reality, fall down accidents commonly occur due to the negligence of a third party. Also, even if the individual is partly to blame for the accident, they may still be able to file a legal claim and recover for their injuries. Pennsylvania employs a comparative negligence rule in fall down accident cases. The fault of both parties, the plaintiff (person who fell) and the defendant (responsible party), will be compared and assigned accordingly. So long as the plaintiff’s fault is less than the defendant’s fault, the plaintiff can still recover. Whatever is awarded by the fact finder will be reduced by the plaintiff’s percentage of fault.
For example, a worker is walking to work in the parking lot and trips over broken asphalt. He breaks his ankle and has major surgery with pins and a plate installed in the bone. In a subsequent lawsuit against the owner of the parking lot, the question of his fault comes up. A jury awards him $100,000 for his injuries, medical bills, etc. However, the jury finds him 25% at fault for causing the accident. Therefore, his total award is $75,000, or $100,000 minus 25%.
Workers’ Compensation is not the Only Type of Claim Available in Many Workplace Fall Accidents
People who fall at work often believe that the only claim they can make is for workers’ compensation. That is not true. In many workplace fall accident cases, the injured individual may be able to make claims against non-employer parties. These claims are known as tort claims or accident/injury claims.
After a serious workplace fall accident occurs, it is crucial to have the case evaluated by a lawyer experienced in handling workplace accidents. It is important to identify the correct parties early on to avoid any statute of limitations issues.
Related PA & NJ Work Fall Accident Legal Articles:
- Common Causes of Slip & Fall Accidents at Work
- Fell at Work, Now What? Steps to Take After a Workplace Fall in Pennsylvania or New Jersey
- Damages Available in a Workplace Fall Accident Case in Pennsylvania or New Jersey
Pennsylvania & New Jersey Fall at Work Accident Lawyers. Click To Call
At Laffey, Bucci & Kent, our work accident lawyers are passionate about workplace accident safety and injured workers’ rights. To submit your case for review by our Pennsylvania and New Jersey work accident and injury lawyers, call Click To Call. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.
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