Can an employee file a lawsuit against an employer for a slip and fall accident?
Usually, if an employee suffers an injury from a slip and fall accident at work, the employee’s exclusive remedy is to file a workers’ compensation claim against the employer. The reason is that in order to successfully file a personal injury lawsuit, the plaintiff must prove that the defendant was at fault, or was negligent. For instance, the employee may be required to show that the employer negligently maintained the workplace premises.
However, an employee who was injured at work has a right to receive workers’ compensation benefits regardless of whether anyone was at fault. An employee does not have to prove that the employer or the employee’s co-workers engaged in any wrongful behavior in order to receive workers’ compensation benefits. Even if the employee’s own negligence caused the injury, the employee is eligible for workers’ compensation.
Other Frequently Asked Questions
- Can a plaintiff succeed in a slip and fall lawsuit by proving that a building owner violated a building code?
- Can an employee file a lawsuit against an employer for a slip and fall accident?
- How are department stores and shopping malls liable for slip and fall accidents?
- How can a business be held liable for slip and fall accidents?
- How can a property owner be held liable to a trespasser?
- How can nursing homes be liable for slip and fall accidents?
- How can one build a strong slip and fall personal injury claim when dealing with insurance adjusters?
- How can owners of swimming pools be held liable for slip and fall accidents?
- How do slip and fall accidents affect the elderly?
- How does one prove liability in a slip and fall accident?
- In a slip and fall personal injury claim, what kind of photographic evidence is useful?
- Is a department store liable to a customer who slips and falls on the premises?
- Is a homeowner liable to a guest who slips and falls at the home?
- What are some of the more common types of slip and fall accidents?
- What if someone slips and falls on property owned by a close friend or family member?
- What is the definition of premises liability?
- What is the likelihood that the plaintiff may be held to be contributorily negligent?
- Who is liable if someone is injured from a slip and fall at a rental property?
- Who is Responsible for Florida Slip and Fall Injuries?