A slip and fall workplace accident can leave you with daily pain, limited mobility, and significant medical bills. If you’re facing these difficult circumstances, you may be entitled to workers’ compensation. In some cases, you may also have the right to file a personal injury lawsuit against a negligent third party.
The experienced workplace slip and fall attorneys at Earley Law Group are dedicated to protecting the rights of hardworking Boston residents. We can help you seek the workers’ comp benefits you deserve or pursue legal action if your injuries were caused by a third party’s negligence or misconduct. Contact us today to learn more in a free consultation.
How a Boston Slip and Fall Lawyer Can Help
Receiving workers’ comp benefits is often challenging. Insurance companies may intentionally make the process long, confusing, and stressful. That’s why working with a skilled workplace slip and fall attorney is critical. Our attorneys can help by:
- Investigating the accident – We’ll conduct a thorough investigation of the accident to determine what caused the fall and whether anyone besides your employer might be legally responsible.
- Guiding you through the process – Filing paperwork accurately and gathering substantial medical evidence is crucial to getting your claim approved. We’ll lead you through the entire process and appeal a denial if necessary.
- Calculating the true value of your case – Insurance companies want you to settle for less than you deserve. We’ll prevent that by carefully calculating the full cost of your injuries.
- Representing you in hearings – Working with an experienced attorney offers a distinct advantage when claims are contested or denied and a hearing before the Massachusetts Department of Industrial Accidents is necessary.
Why Slip and Fall Accidents Happen at Work
Slips and falls are among the most common workplace accidents in Boston. Whether in an office, on a construction site, or at a factory, fall hazards are almost always present. Some of the most common reasons for workplace accident slip, trip, or falls include:
- Wet or slippery surfaces from spills, leaks, or cleaning
- Uneven flooring, loose tiles, or damaged carpets
- Poor lighting in stairwells or hallways
- Cluttered walkways
- Snow and ice in parking or outdoor work areas
- Missing or broken handrails on stairs
Employers have a responsibility to maintain reasonably safe workplaces. While workers’ compensation insurance protects them from lawsuits when they fail to meet these responsibilities, it also offers benefits to the injured worker regardless of fault. Our attorneys will fight for the benefits you’re owed.
Common Injuries from Workplace Slip and Falls
Slip and fall accidents in Boston workplaces can result in injuries of all kinds. Some of the most common include:
- Broken bones
- Sprains, strains, and torn ligaments
- Neck or back injuries
- Knee, ankle, or shoulder injuries
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
Even seemingly “minor” work-related injuries can have a lasting impact on your ability to earn a living and enjoy daily life. We will work to gather the medical evidence needed to connect your injury to your slip and fall workplace accident and build a strong case for workers’ comp benefits.
When Does Massachusetts Workers’ Comp Cover a Slip and Fall?
Massachusetts requires most employers to carry workers’ compensation insurance for their employees. If your employer has this insurance, you can generally receive benefits after a slip and fall at work, even when the employer was not negligent.
Workers’ comp covers accidents that occur:
- While performing job-related duties
- On your employer’s premises
- At off-site locations if working there is part of your job
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Do I Need to Prove Fault in a Workplace Slip and Fall?
If you suffer a workplace injury in a slip and fall, you are typically entitled to benefits regardless of who was at fault. This means you don’t need to prove your employer did anything wrong to receive benefits.
However, there are situations where you will have to prove fault to recover compensation. Those situations include:
- Third-party lawsuits – If someone other than your employer contributed to the accident, such as a negligent property owner or contractor, you may be able to file a personal injury lawsuit against them. In these cases, you must prove that the third party is responsible for your injuries.
- Claims against non-subscribing employers – In rare cases, an employer may not carry workers’ comp insurance. When that’s the case for your slip and fall workplace accident, you will have to prove that your employer was negligent or intentionally harmed you to recover compensation.
What Workers’ Compensation Benefits Can I Receive?
Workers’ compensation benefits can cover the medical expenses, lost wages, and impact on your earning capacity caused by the workplace slip and fall accident. That may include:
- Medical benefits cover reasonable care for treating your injuries, including ER visits, hospitalization, surgeries, doctor’s visits, medical devices, prescription medications, and physical therapy.
- Temporary total incapacity provides partial wage replacement if you cannot work for six or more days because of your workplace slip and fall injuries.
Temporary partial incapacity provides partial wage replacement if you return to work for lower pay or fewer hours. - Permanent and total incapacity provides long-term partial wage replacement if your injuries are severe enough that you can never return to any kind of work.
- Permanent loss of function and disfigurement provides a one-time payment for permanent loss of certain bodily functions or scarring and disfigurement on your neck, face, or hands.
- Vocational rehabilitation services can help you find new types of work if your injuries prevent you from returning to your previous job.
How Long Do I Have to File a Claim in Massachusetts?
Under Massachusetts law, you typically have four years from the date you knew or should have known the injury was work-related to file a workers’ compensation claim. However, the longer you wait to file a claim, the more difficult it will be to build a strong case.
For third-party lawsuits, you have three years from the date of the accident to file. Missing this deadline can mean losing your right to recover compensation. It’s critical to contact an experienced workers’ comp lawyer as soon as you’re able.
Talk to Our Boston Slip and Fall Attorneys Today
At Earley Law, we attribute much of our success to “The Earley Experience:” an approach to client service centered on respect, honesty, and clear communication. We’ll always keep you in the loop about the progress of your case, and you’ll never wait more than 24 hours for a response from us.
Earley Law has been protecting the rights of injured workers for over 20 years. Our reputation is backed by an extensive track record of substantial settlements and verdicts and a long list of satisfied clients who have offered kind words through over 700 Google reviews. We’ll fight for the benefits you deserve while you focus on recovery. Contact us today for your free consultation.
Call Earley Before It’s Too Late!