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.

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