Falling Into Workers’ Compensation

October 1, 2021 - 7:04 pm
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Slips, trips and falls are amongst the most common types of work-related injuries. As the autumn and winter months approach, colder temperatures mean ice is more prevalent and these types of accidents become even more likely. Falls can cause detrimental injuries that can displace workers from their jobs for long periods of time. It’s important that if you are injured on the job due to a fall, you contact a workers’ compensation attorney immediately. There are several factors that determine if you are eligible for workers’ compensation after a fall at your workplace and an experienced attorney can help look through your situation and develop the best game plan to fight for your rights as an injured worker.

Beware of Idiopathic Injuries

If you fall at your workplace and are injured, you must be able to prove that you fell while performing job duties directly related to your responsibilities at work. Idiopathic is a term used in many slip and fall incidents meaning that the court rules that the accident and injury would have occurred regardless of if the individual was performing job duties or not.

Two examples of slip & fall cases at work that would likely turn out with very different workers’ compensation awards are as follows:

 Scenario 1: Worker slips and falls while going to the restroom or getting a snack from a vending machine.

  • It would be difficult to earn worker’s compensation in this situation because the fall technically happened when the worker was doing something they likely would have done even if they were not at work (and outside of their job responsibilities).

 Scenario 2: Worker slips while carrying something for their job or falls off a ladder while performing a repair at their workplace.

  • The injured worker would be much more likely to be awarded workers’ compensation benefits in this case because the injury occurred as a direct result of their work responsibilities.

As you can see, two seemingly similar situations with nearly identical injuries can have very different outcomes in court depending on the nature of the activity that was being performed when the injury occurred. 

Don’t Wait to Report the Incident

Falls often result in little to minor injuries, however sometimes the injuries can be severe. Reporting the incident as soon as possible and ensuring you are able to prove your injury was not idiopathic and was a direct result of your work responsibilities will help increase your chances of receiving workers’ compensation as a response to the accident. Please contact the Poirier Law Firm today if you have fallen at your workplace and would like to report the incident and review options as to how you can receive workers’ compensation benefits!

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