What To Do If Involved In A Slip And Fall Accident

 Although the greatest suffering caused by serious fall injuries usually lands upon the shoulders of each injured individual, the rest of society often winds up having to pay some of the financial costs. In fact, since bad falls tend to cause moderate or traumatic brain injuries, New York state often has to pay about 1.3 billion annually, simply to cover the hospitalization fees alone.

What follows is a list of frequently asked questions (with answers) about filing a lawsuit due to serious New York City slip and fall injuries. Those who are interested can also visit this link to read more about the different types of traumatic brain injuries that people often develop. Many of these life-changing injuries occur on construction job sites, while people are entering office buildings, walking down the street – or simply shopping for groceries and other goods. By periodically reviewing the information set forth below, we can each help minimize the damage caused by all falls at work, at home, and elsewhere. If we’ll also review special fall prevention tips designed to help kids, we can do a better job of keeping all small children safe from bad falls, too.

 

Frequently asked questions about slip and fall accidents & traumatic brain injuries

Q: Can I sue my employer if I slip and fall on ice in the workplace?

A:   Normally, you will need to file a worker’s compensation claim to handle this type of injury. However, if you have strong, factual proof that helps you document that your employer was violating basic OSHA (Occupational Safety and Health Administration) or pertinent state or local workplace safety guidelines, you might be able to file a lawsuit based on negligence, in addition to your worker’s compensation claim. One of our lawyers can help you make this determination.

Q: What are the best ways for construction site employers to minimize the chances of slip and fall accidents?

A:  While there are numerous ways to increase safety in workplace environments, your employer should always consider taking the following steps.

• Adapt smooth flooring so that it can provide a skid-resistant surface
• Locate all holes or trenches, not in use on the property — and safely cover them. These areas should also be roped off.
• Properly maintain all stairways. Steps should never be very steep, and they should provide the same depth and rise, among other features
• Signs should be posted about possible fall hazards. Also, workers must be prevented from regularly walking over land covered with debris.
• Daily lighting and grounds safety inspections must be conducted. Employers must make sure all burned-out lightbulbs are promptly replaced. Also, outdoor lights must always be timed properly, based on the current season.

Q: How long does it usually take to settle slip and fall cases?

A:  Almost everything depends on the identity of the defendant, whether this person or company is your employer, how their insurance company usually handles such claims – and if they believe you were at least partially responsible for the injury. Clients must bear in mind that our law firm must first wait for you to fully finish with your initial medical treatments before we can try to settle your case.

This makes it possible for us to obtain your most critical medical records and the related billings. We need this information to guide us while seeking an appropriate settlement amount for your case. Of course, as the plaintiff, it is up to you to accept or decline all offers we receive upon your behalf. Unfortunately, many defendant insurance companies try to drag cases out – refusing to settle – hoping you will drop your claim and go away. Rest assured, once we accept your case, we will keep negotiating regularly with the insurance company, while steadily preparing your case for a later possible trial.

Please bear in mind that many cases take more than a year to settle, and some take longer if we have to go to trial on your behalf.

Q: Can I sue my landlord or property owner for my serious slip and fall injuries?

A:   New York is like most other states that allow tenants to file premises liability lawsuits against landlords who fail to provide safe common areas where people can walk or play safely.

While you are preparing to speak with one of our Manhattan slip and fall accident attorneys, be aware that many landlords often alleges that the injured tenant was at least partially responsible for their own injuries. However, in many cases, the landlord simply failed to promptly clean up serious spills, broken glass or other dangerous conditions in areas where tenants often walk.

Q: How long after a slip and fall accident, in New York City, can I sue a defendant?

A:  It is always in your best interests to immediately speak with a New York City slip and fall accident attorney about your injuries since evidence must be quickly gathered and preserved after every accident. Once key evidence is lost, you may no longer be able to win your case. Witnesses can also disappear, along with others who could help us settle or win your lawsuit.

Q: What should a person immediately do after slipping and falling on ice?

A:  You should immediately seek medical help at a nearby emergency room, especially if you are in pain or suspect you may have suffered serious fractures or hidden injuries. If possible, without worsening your condition, let your employer (or the property owner know) that you have just been injured – while you’re preparing to obtain medical treatment.

You should also ask any witnesses to provide you with their contact information, so they can later testify on your behalf regarding how the accident occurred. If you can still do so physically, take photos of the accident area with your cell phone, or ask someone else to do this for you as you leave to get medical help. Finally, remember to keep the clothing and shoes you were wearing when injured — since they can provide important evidence that may help us win your case.

Q: Which parties do courts usually consider liable for slip and fall accidents?

A:  That usually varies, depending on the unique facts of each event. However, in most cases, the defendant you state is liable for your injuries will likely claim that you are partially liable for the accident occurring – even if there is no real evidence to prove that point. What may first look like a simple case, can quickly grow into a much more complicated one. That’s why you need a lawyer to immediately begin protecting your legal interests, once your case has been accepted.

Q: How much is a typical slip and fall injury worth when settling a case?

A:  So much depends on the precise facts of your case. If you are young and were so seriously injured on the job that you will never be able to work again, you will likely receive a very generous sum, especially if you were clearly not even partially at fault for the accident occurring.

Also, if you had to undergo numerous surgeries and lengthy treatments, chances are the settlement amount offered will be much higher. In general, only lawsuits based on a plaintiff suffering a permanent fall injury are usually worth more than $50,000. Considerably more will usually be offered if you require extensive home care on a lifetime basis, after undergoing numerous treatments and rehabilitation.

Five key ways employers can help to prevent slip and fall accidents

While the following suggestions may need to be adapted to different workplace conditions, here is a list of safety precautions that can greatly increase worker safety.

• Employees should be encouraged to wear appropriate shoes or boots, based on their assigned work tasks. This usually means wearing properly fitting boots that have an appropriate slip-resistant sole.
• Workers should only accept jobs with employers who have a reputation for abiding by all governing workplace safety guidelines. Be sure to request a walk around any job site where you would like to work before accepting a job offer. While walking around, look for any glaring safety problems that could cause falls. For example, check for adequate guardrails and on the provision of PPE – personal protective equipment. If you don’t see people wearing any safety harnesses or any safety nets being used, politely ask questions about how the company maintains safety for all workers — and if you’ll be required to purchase your own PPE.
• Ask if the employer has one or two employees who are daily required to visit all parts of the worksite, ready to clean up any dangerous spills or other hazards.
• Make sure there is proper lighting in the areas where you will be working.
• Always make wide turns when walking around corners, being ready to adjust if any spilled objects or problem surfaces are present.
• Ask how often the New York City employer provides safety training to all workers. Avoid accepting any job that does not require safety training before you start on your first assignment.

Get legal help in case of a slip and fall accident injury in the Bronx

If you have suffered a traumatic brain injury after a fall accident caused by someone else’s negligence, you need to contact our slip and fall accident injury law firm in Manhattan. We will carefully investigate all the facts of your case, review all your medical records, and then fight hard to win the maximum compensation available to you. We want every client to fully recover for all lost wages, pain and suffering, medical expenses, and other losses.