If you have suffered an injury after a slip and fall at work, you are eligible to file a workers’ compensation claim. Your employer is required to provide workers’ compensation insurance to cover your medical bills, lost wages and other expenses. Unfortunately, sometimes it is difficult to get workers’ compensation benefits for a number of reasons. Here are some tips from your personal injury attorney in Las Vegas, to help you get the benefits you are entitled to under workers’ compensation laws.
About Workers’ Compensation
Workers’ compensation is designed to cover illnesses or injuries that occur while you are performing the regular duties of your job. It is known as “no fault” insurance so you are not required to prove that your employer was negligent or careless as you would with a personal injury case. Even if you were fully or partially to blame for your slip and fall, your employer still must provide benefits in most cases. The key to a successful workers’ compensation claim is knowing your rights and following the proper procedures.
Workers’ Compensation Qualifications
You must have been doing your regular job duties when you slipped and fell to qualify for workers’ compensation. If you are employed by a grocery chain and slipped on spilled water while you were stocking shelves, you should qualify for workers’ compensation. Even if you spilled the water and failed to clean it up, your company may be required to cover your injuries, although it might be more difficult to get the claim approved. There are several other circumstances that can qualify or disqualify you from having a successful workers’ compensation claim. Each case is different and it is important that you get advice from a Las Vegas injury lawyer.
Workplace Injury Lawsuits
In Nevada, you are usually not permitted to sue your employer for a workplace injury absent special circumstances such as your employer intended to injure you. Any claim must be filed under through workers’ compensation absent those special circumstances.
However, if your injuries were caused by the neglect or carelessness of someone outside your company, you may be able to file a lawsuit. For example, if a delivery company spilled water on the floor and did not clean it up, you may be able to sue the delivery company for your injuries due to their neglect or carelessness.
Time of Reporting and Other Factors
The time between when you slipped and when you reported the incident to your employer is critical. Injuries must be related directly to your work-related duties. If you are injured and wait a week or so to report it, you will have difficulty proving that your injury occurred at work. As soon as you fall, even if you don’t initially think you are injured, file a report with your employer. Sometimes injuries may take a few days to appear. Seek medical attention as soon as you realize you have been injured, even if the injury seems minor. A minor injury can become serious over time, so you want to have documentation of your injury as soon as possible.
There are also strict deadlines for making a workers’ compensation claim.
If you have been injured as a result of a slip and fall at work, contact our las vegas injury law firm office to learn what rights you may have. Hiring an attorney does not mean you plan to sue and in most cases, you are forbidden from suing your employer. It simply means you are protecting your rights under the law.