Workplace falls happen every day, leading to injuries that may keep you off the job for weeks or longer. If you suffer a fall at work, you might wonder if your employer is responsible. The answer depends on various factors, including workplace conditions, employer actions, and state laws.
Employer responsibility for workplace safety
Employers must provide a safe working environment under the Occupational Safety and Health Act (OSHA). This includes maintaining clean floors, fixing hazards, and providing proper equipment like non-slip mats or harnesses. If an employer fails to follow safety regulations, they may be held liable for a workplace fall.
Workers’ compensation and employer liability
Workers’ compensation covers most workplace injuries, including falls, regardless of fault. If you slip on a wet floor or trip over an obstacle, you can usually file a workers’ compensation claim for medical expenses and lost wages. However, accepting workers’ compensation often prevents you from suing your employer directly. Exceptions exist, such as when an employer intentionally disregards safety rules or acts with gross negligence.
When employers can be sued
In some cases, you may be able to sue your employer outside of workers’ compensation. If an employer fails to follow OSHA regulations or knowingly ignores hazardous conditions, they could be held responsible. Additionally, if a third party, like a contractor or equipment manufacturer, contributed to your fall, you might have a separate claim against them.
Steps to take after a workplace fall
If you fall at work, report the incident immediately. Seek medical attention and document the conditions that led to the fall. Taking photos and gathering witness statements can help if you decide to file a claim. Knowing your rights can make a difference in getting the compensation you deserve.