Workers’ Rights and Compensation After a Slip and Fall

Tennessee requires most employers to obtain workers’ compensation insurance for their employees. If you slip and fall and sustain an injury while at work, you may be eligible for workers’ compensation.

Learning how workers’ compensation works in Tennessee, and contacting a Nashville slip and fall accident attorney, can make the process of pursuing a claim a lot easier.

What is a slip and fall accident?

A slip and fall accident is when you slip, trip, and/or fall on a particular surface. Many slip and fall accidents result in injuries, some of which can be severe. For example, if you are loading a heavy pallet onto a truck, and you slip on a wet floor, you could sustain a serious injury.

What are the possible effects of a work-related slip and fall accident?

A slip and fall accident can lead to many different injuries, including:

• A traumatic brain injury
• Broken bones
• Spinal cord injuries
• Bruises
• Sprains/strains
• Dislocations
• Neck injuries
• A concussion

If you experience a slip and fall accident at work, you might be forced to deal with the following:

• A serious medical injury, such as a fracture or broken bone, or many other types of injuries.
• Expensive medical bills that you may be unable to pay, especially if you are taking time off from work.
• Pain and suffering that may take a long time to heal or never fully goes away.
• Loss of income as a result of being unable to work.
• Necessary long-term care due to the injury you sustained.

How can workers’ compensation help?

If you experienced a slip and fall accident at work, workers’ compensation may provide benefits by:

• Paying for medical bills caused by your slip and fall accident. If you slip and fall on a wet surface and sustain a very painful bone fracture, workers’ compensation could pay all authorized and reasonable medical bills related to the injury.
• Giving you up to 66 2/3% of your average weekly wage for the time you spend out of work. If you are forced to take five weeks off from work after a slip and fall, and you make $2,000 a week, you could receive around $1,333.40 for every week you spend away from work.
• Providing you with permanent compensation, depending on the severity of your injury. If you slip and fall and sustain an injury that prevents you from ever working again, you may qualify for permanent total disability benefits, subject to Tennessee law.

Potential challenges associated with workers’ compensation

Even though workers’ compensation is very useful, it does come with a few challenges that may affect you:

• Not every employer in Tennessee has workers’ compensation insurance. Most employers with five or more employees must carry workers’ compensation insurance. Certain employers, including construction companies, are required to carry coverage even if they have fewer than five employees.
• Your workers’ compensation claim can be denied for a multitude of reasons, some of which may be difficult to contest and hard to understand without the assistance of an attorney.
• You generally need to report a slip and fall accident to your boss within fifteen days, unless you have a reasonable excuse for delay and the employer is not prejudiced. Not reporting this accident within fifteen days may make you ineligible for workers’ compensation.
• You generally need to file a formal workers’ compensation claim within one year of the slip and fall injury.
• If you do not have enough evidence to support your need for workers’ compensation, your request might be denied.
• The rules that underlie workers’ compensation can be confusing, which can make it difficult for you to file a claim, present evidence, and receive the money you need to address your injury.
• Not every employer will agree that a slip and fall injury you sustained at work actually did occur at work; if your employer disputes your claim, you may not be able to receive any money for your injury and the damages associated with it. An attorney can help you contest or appeal this dispute.

How to obtain lost wages through workers’ compensation

If you sustained an injury because of a slip and fall accident, and this injury led to lost wages, you may want to do the following:

• Contact a slip and fall accident attorney with a track record of helping people obtain compensation.
• Take photos/videos of the injuries you sustained.
• Gather your wage slips and medical bills.
• Keep a symptoms journal to document your day-to-day symptoms.
• Tell your boss about the accident if you have not already.
• File a formal workers’ compensation claim.
• See a doctor if you have not already.
• Undergo necessary medical treatment.
• Hold onto all correspondence regarding this accident/injury.
• Do not give a recorded statement to the insurance company, sign settlement documents, or discuss the details of your claim with the insurer without speaking to your attorney first.

Contact a Nashville slip and fall accident attorney today

If you were in a slip and fall accident at work and sustained an injury as a result of this accident, you may be entitled to some form of workers’ compensation.

Contact Rocky McElhaney Law Firm today using this form. We are ready to help you pursue the workers’ compensation you need to move forward.