Slipped and Fell at Work: Workers' Comp or a Lawsuit?
If you slip and fall on the job, workers' compensation is usually your main remedy: in states such as California, benefits are paid no matter who was at fault, and in most cases you cannot sue your employer. You may still be able to sue someone other than your employer (for example another contractor or a property owner) whose negligence caused the fall, and some states allow a lawsuit against an employer that does not carry required coverage. Reporting deadlines can be short: 30 days to tell the employer in California and New York. Workers' comp is state law, so check your state's workers' compensation agency; the examples below are labelled by state.
What the law says
- Example (California): the state's guidebook for injured workers says you receive benefits no matter who was at fault for your job injury, and that you can't sue your employer for a job injury in most cases. California Division of Workers' Compensation, Workers' Compensation in California: A Guidebook for Injured Workers, Chapter 1
- Example (California): the state's workers' compensation FAQ says benefits are the exclusive remedy for on-the-job injuries when the employer is properly insured; if the employer is illegally uninsured, you can file a civil action against the employer in addition to a workers' compensation claim. California Division of Workers' Compensation, Frequently asked questions: injured workers
- Example (California): if you don't report your injury within 30 days, you could lose your right to receive workers' compensation benefits; the state advises telling your supervisor as soon as possible. California Division of Workers' Compensation, Information for injured workers
- Example (California): workers' compensation benefits pay for medical treatment and partly replace lost wages, but do not include damages for pain and suffering or punitive damages. California Division of Workers' Compensation, Information for injured workers
- Example (California): the state's FAQ says other payments may be available if your injury was caused by someone other than your employer. California Division of Workers' Compensation, Frequently asked questions: injured workers
- Example (New York): written notice of a work injury should go to your employer as soon as possible, but within 30 days, or you may lose your rights to workers' compensation benefits; you must notify the Workers' Compensation Board of your injury or illness within two years. New York State Workers' Compensation Board, How the System Works
- Example (Illinois): a worker covered by the Workers' Compensation Act generally cannot sue the employer for the injury. If someone other than the employer (for example another contractor or an equipment maker) is legally liable, the worker may sue that party, and the employer is repaid from the recovery for the compensation it paid. 820 ILCS 305/5(a), (b)
- Example (Texas): for an employer covered by workers' comp, benefits are the injured worker's exclusive remedy against the employer, and the worker may also seek damages from a liable third party. A separate statute limits a property owner's liability to contractors and their employees hurt while building, repairing or renovating an improvement, unless the owner kept some control over how the work was done and had actual knowledge of the danger and failed to adequately warn. Tex. Civ. Prac. & Rem. Code §§ 95.002, 95.003; Tex. Lab. Code §§ 408.001(a), 417.001(a)
- Example (Texas): the state workers' compensation division says not all Texas employers provide workers' compensation insurance, but most do, and your employer must have workers' compensation insurance for you to get benefits. Texas Department of Insurance, Division of Workers' Compensation, Employee resources
- Example (New York): the 'scaffold law' (Labor Law § 240(1)) requires contractors and owners doing building erection, demolition, repair, alteration, painting, cleaning or pointing to provide scaffolding, ladders and other devices that give workers proper protection, with an exception for owners of one- and two-family homes who do not direct or control the work. These duties run against owners and contractors, while the worker's own employer is generally protected by the workers' compensation exclusive remedy. N.Y. Labor Law §§ 240, 241; N.Y. Workers' Comp. Law § 11
- Example (Wisconsin): the 'safe place' statute requires every employer and every owner of a place of employment or a public building to build, repair and maintain it so it is safe, and requires employers to make places of employment safe for employees and for frequenters. Wis. Stat. § 101.11(1), (2)(a)
FAQ
Can I sue my employer if I slipped and fell at work?
Usually not. California's guidebook for injured workers says you can't sue your employer for a job injury in most cases, and Illinois and Texas law make workers' comp the remedy against a covered employer. California's FAQ notes an exception: if the employer is illegally uninsured, you can file a civil action against the employer in addition to a workers' comp claim.
Does it matter if the fall was my fault?
Generally no for workers' comp. California's guidebook says you receive benefits no matter who was at fault for your job injury.
Can I sue someone other than my employer?
Possibly. Illinois law allows a covered worker to sue a third party who is legally liable, such as another contractor or an equipment maker, and the employer is repaid from the recovery for the compensation it paid. Texas law also lets the worker seek damages from a liable third party, and New York's scaffold law places duties on owners and contractors on construction jobs.
How soon do I have to report a fall at work?
Quickly. California says that if you don't report your injury within 30 days, you could lose your right to benefits. New York says written notice should go to your employer as soon as possible but within 30 days, and you must notify the Workers' Compensation Board within two years. Other states set their own deadlines; check your state's workers' compensation agency.
Does workers' comp pay for pain and suffering?
No, in California. The state's Division of Workers' Compensation says benefits provide medical treatment and partly replace lost wages, but do not include damages for pain and suffering or punitive damages. A lawsuit against a third party is governed by ordinary injury law instead.
What if my employer has no workers' comp insurance?
It depends on the state. In Texas, the state says not all employers provide workers' compensation insurance, though most do, and your employer must have it for you to get benefits. In California, an employer that is illegally uninsured can be sued in a civil action in addition to a workers' comp claim.
Related
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.