People slip and fall all the time. Usually, this happens on someone else’s property. You file your claim with their insurance company and get paid with a couple of weeks. But when you slip and fall at work, things aren’t so simple.
If you slip and fall at work, you can’t just file a personal injury lawsuit. Most workplace injuries need to be filed as a worker’s compensation claim. This is sometimes the case even if you weren’t technically “working” at the time of your injury.
The reason most workplace injuries are handled through worker’s compensation is simple. The law doesn’t want to subject employers to a litany of lawsuits. If an employee is injured while on the job, it’s handled through worker’s compensation insurance.
But there are times when an injury has nothing to do with your job. Perhaps your employer created an unsafe condition that caused you to slip and fall. Or, they were negligent in some other way.
If you’ve suffered a slip and fall at work, you need to contact a Nevada personal injury lawyer. Your lawyer can determine exactly what type of case you need to file. They can also give you an idea of who may be held liable for your injuries.
When Should I File a Worker’s Comp Claim?
Most workplace accident and injuries are handles through worker’s comp. If you get hurt on the job, you can file a claim with your employer’s worker’s comp insurance. If your claim is approved, you’ll receive medical care. You’ll also receive replacement wages while you recover from your injuries.
In order to qualify for worker’s comp in Nevada, you have to meet the following criteria:
- The accident took place while you were on the clock
- You were acting within the scope of your employment
- You weren’t under the influence of drugs or alcohol at the time of your accident
- The accident was reported to your employer
- You were treated by a company approved doctor
- You followed all treatment recommendations
As long as you meet all of these criteria, your claim should be approved. However, some claims are denied. If your worker’s comp claim is denied, you need to retain a Nevada personal injury lawyer.
Your attorney will appeal your claim. They’ll also negotiate with the claims adjuster to try to get your claim settled. If, for some reason, this isn’t possible, your lawyer will file a lawsuit on your behalf.
Keep in mind – this lawsuit is filed as a worker’s compensation lawsuit. It is not a personal injury lawsuit. In order to file a personal injury lawsuit against your employer, certain conditions must exist.
When Would You File a Personal Injury Suit Against Your Employer?
There are limited circumstances in which you can sue your employer. Your Nevada personal injury lawyer can help you choose which direction to take. For the most part, if your injury was not sustained while doing your job, you may have a personal injury claim.
In order to file a personal injury lawsuit against your employer, you need to show the following:
- Your employer was negligent
- Their negligence caused your injuries
- The injuries weren’t the result of doing your job
- There isn’t a third party responsible for the dangerous condition
In other words, use some common sense. If you fell because your employer refused to fix potholes in the parking lot, you may have a personal injury claim. However, if you’re a janitor and you mop the floors, your case may be a worker’s comp claim.
Here are some examples of when you may have a personal injury case as opposed to a worker’s compensation claim:
- Your employer failed to maintain clean and dry floors and you fell as a result
- The stairs at your company were broken and you fell and got hurt
- Your employer doesn’t have clear walkways and you fell and broke your leg
- Your company didn’t put up wet floor signs when there’s inclement weather
A good question to ask is this: Could someone who doesn’t work at your company file a personal injury lawsuit? If the answer is yes, then you probably have a case for personal injury.
Contact a Nevada Personal Injury Lawyer
If you get hurt at work, you may not be sure what kind of case you have. Most people wouldn’t. That’s why there are experienced personal injury lawyers in Las Vegas who can help you. Call today and schedule your initial consultation. Your lawyer can answer any questions you may have. They can also give you an idea of what your case may be worth.
The consultation is free and you pay nothing until you settle your case.