Workplace Slip and Fall Accident Lawyer in Commerce City Protecting Your Rights and Interests
It’s a normal day at work, and you’re going about your duties. Suddenly, you’re on the floor in pain. Slip and fall accidents are some of the most common workplace injuries, and they can range from mild to severe in their injuries and impact. Your employer may try to blame you to get out of having to pay a workers’ comp claim for your slip and fall accident, but understanding your rights puts you in a position to fight back.
A slip and fall accident may seem like a minor occurrence, but it can have a significant and long-lasting impact on your quality of life and ability to support yourself. If you’ve been injured on the job, contact slip and fall attorneys who have experience with workers’ compensation cases like those at Flanagan Law.
Are Fall Accidents at Work Covered by Workers’ Compensation?
Under workers’ compensation laws, any injury that happens at work or in the process of your normal work duties is covered under workers’ compensation, and this includes injuries resulting from a workplace slip and fall accident. The exception to this is if you were somehow liable, such as if you weren’t following the required safety protocols or were under the influence of drugs or alcohol and, therefore, impaired in your decision making and actions.
It’s common for employers to use this caveat as a way to get out of paying a workers’ compensation claim. Having an attorney on your side can make the process easier and ensure you’re prepared if your employer resorts to these tactics or tries other retaliatory measures, such as firing you.
How Long Do I Have to File a Slip and Fall Claim?
In general, the law has specific provisions for how long someone can wait before filing a lawsuit against another party in a civil case. This is called the statute of limitations, and how long this is depends on the type of case. Workers’ compensation cases have a statute of limitations of 2 years in Colorado. This means that you have two years from the date of the injury to file a workers’ compensation claim.
However, this isn’t the same as how long you have to notify your employer that you were injured. In Colorado, you are required to notify your employer that you were injured on the job within 10 days of the injury occurring. In many cases, the employer will already be aware of the injury, such as if the accident happens on the premises, and they have to call for medical assistance. But you should still notify them in writing to ensure you’re covered legally.
What Evidence Do I Need for a Slip and Fall Claim?
If you’re injured in a slip and fall accident and end up needing to file a workers’ compensation claim, you will need to provide evidence. This includes evidence that shows that the accident happened at work or while performing your normal work duties as well as evidence of medical bills and lost wages if you are planning on filing a civil suit.
Often, this involves medical records. For example, if someone suffers a traumatic brain injury as a result of hitting their head in the fall, they may need a statement for a doctor explaining the extent of the injuries and how it has and will continue to affect their quality of life. Your attorney will discuss what evidence you need and how to obtain it so that you can be prepared.
How Can an Attorney Help Me With a Slip and Fall Accident Claim?
After a slip and fall accident, your focus should be on healing — not fighting with your employer or their insurance company. Working with an attorney can ensure that you understand your rights and how workers’ compensation applies to your case, but it also gives you a legal representative. This means that your attorney can communicate with your employer and anyone else who is involved in the case for you, freeing you to focus on rest and recovery.
Don’t let your employer and the insurance companies intimidate you or fail to fulfill their legal obligations when it comes to a workers’ compensation case. The team at Flanagan Law includes slip and fall lawyers who can help you understand what options are available to you and what your rights are under the law. Call our office in Commerce City, CO, at 720-707-0870 to get started.