There are many safety and health risks that arise in the workplace. One that may get overlooked are slip and falls. This is especially at companies where most employees work in office buildings where safety and health concerns are not as emphasized in factories, construction sites, warehouses, and other similar workplaces.
That being said, slip and fall accidents in the workplace may result in legal claims, citations, and other legal responsibilities. Two legal concerns, companies and HR must consider when an employee slips and falls while at work involve OSHA and workers’ compensation. Below, we discuss those two different laws, when they overlap, when they don’t, and whether an employee who has slipped and fell may have a private lawsuit against the company independent from OSHA and workers’ compensation.
Slip and falls
“Slip and fall” refers to a situation when a person who is standing ends up falling to the ground because of a hazard they have encountered while moving. The hazards people may encounter that could result in the personal falling includes but is not limited to:
- Torn carpeting
- Hallway clutter
- Changes in flooring
- Poor lighting
- Narrow stairs
- Wet walkways or wet floors
- Broken or cracked sidewalks
- Rain, ice, and snow
Businesses are generally responsible for protecting employees from slip and falls due to workplace hazards of which they are aware or should be aware.
OSHA
Federal law (and many state laws) requires employers to protect all employees from unnecessary safety and health risks. For most employers in the United States, they safety and health obligations are set forth in the Occupational Safety and Health Act (OSHA).
According to OSHA’s general duty clause:
[Employers] shall furnish to each of its employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees.
As part of the general duty, employers must take proactive steps to prevent falls on working surfaces. Employers who fail to make a good faith effort to eliminate slip and falls in the workplace may be subject to violations of up to $7,000 per instance.
Workers’ Compensation
Workers’ compensation is governed by each state’s law and is a mandatory insurance program in which almost all employers must participate. The workers’ comp insurance provides for lost wages, immediate and long-term health expenses, and other related benefits for employees who are unable to work or work at a reduced rate due to an injury they suffered while working.
A fundamental question that must be answered before an employee is eligible for workers’ compensation benefits is whether the employee was injured while working. Being injured at work may not be enough. For example, an employee slipping and falling while entering a lunchroom to eat may not be eligible for workers’ compensation.
OSHA vs. Workers’ Compensation
So, if an employee slips and falls at work and is injured, will both OSHA and workers’ compensation laws be triggered? The answer is not necessarily.
In that situation, OSHA is most likely to be triggered, and a violation could be issued against the employer. This is because employers violate OSHA for failing to prevent workplace injuries, such as slip and falls, regardless of who was injured or when it happened.
For workers’ compensation, however, as discussed above, employees must slip and fall and be injured while they are engaged in work. Thus, when and where the slip and fall is very important. Just being in the workplace when they slip and fall may not be enough for an employee to be entitled to workers’ compensation benefits.
Personal Claims
Employees who slip and fall at work who are not entitled to workers’ comp protections are not without recourse. In these cases, an employee may want to file a lawsuit against their employer for negligently failing to keep the workplace free from trip hazards.
By contacting a Slip and Fall Lawyer, an employee can have attorney review their case and help them decide filing a lawsuit against their employer is their best interest. The lawyer will explain the benefits of filing a lawsuit as well as its risks. The lawyer will also help you determine how much money you may be entitled to if you win or settle your case. If you are successful, you may be entitled to backpay, unpaid medical bills, pain and suffering, attorney fees, costs, and other financial compensation.
Conclusion
Slip and falls can happen at work at any time. Additionally, employers and employees have legal right and responsibility that are triggered when an employee is injured when slipping and falling. Knowing those legal rights and responsibilities, such as those covered by OSHA and workers’ compensation laws, is important to ensure that employees are properly protected and compensated. And when a specific law does not protect an employee’s interest after a slip and fall at work, it may be in the employee’s best interest to contact an attorney to decide if filing a lawsuit is right for them.
