The Centers for Disease Control and Prevention (CDC) reports that the most common causes of slip and falls are:
- Loose mats, rugs, and stepladders
If you or a family member suffered a slip and fall in any of the above circumstances (or in another situation), read on for guidance regarding your potential next steps. If you were hurt at work, you could seek out workers’ compensation benefits. If you were on someone else’s property and got hurt, you could file a premises liability lawsuit.
Slip and Falls While on the Job Could Entitle You to Benefits
The Occupational Health and Safety Administration (OSHA) states that blocked walkways, puddles of liquid, waxed floors, broken handrails or steps, and poor lighting causes slip and falls in workplaces. If you were injured because of any of these situations, you could collect workers’ compensation benefits.
You will need to complete several steps in order to receive these benefits, however. You should start by reporting your accident to your boss and filing a report. Then, you will need to see a doctor approved by your employer’s insurance company. Your employer can provide you with a list of pre-approved providers.
It is important that you know you cannot just see any doctor. If you see your regular general practitioner, you will have to pay for your medical care out of your own pocket.
A Property Owner Might Have Violated Their Duty of Care to You
In Nevada, property owners do not owe a duty of care to trespassers. This means that if you were on someone’s property illegally when you got hurt, they might not be liable for your injury. However, if you were allowed on the premises, you could be entitled to damages.
For instance, if there was a pothole or broken staircase that the owner should have (or did) know about prior to your injury, you could collect compensation. You could secure such a financial award through an insurance claim or lawsuit. You could file a claim with the proper insurance company (either yours or theirs, depending on the circumstances) to collect a settlement.
How to Collect Compensation in a Slip and Fall Premises Liability Case
You most likely will need to negotiate with the insurance company for this to happen, though. This is because most insurers do not like to pay out claims in order to protect their profits. However, you could ask for a fair settlement and receive it. If you do not, that is when you would file a lawsuit.
Negotiations do not stop because you file a slip-and-fall lawsuit. You can negotiate until the court date. Securing a settlement prior to the court date would prevent both parties from having to pay court fees, in fact.
You Will Have to Prove How Your Slip and Fall Occurred
Regardless of what kind of slip and fall you suffered, you will have to prove that you were injured in order to receive financial compensation. If you are seeking workers’ compensation, you will have to provide evidence for your claim for benefits. An insurance claim in pursuit of a settlement will have to contain similar evidence.
You can search for and collect the following proof of your injury:
- Reports you filed on or shortly after the date of your slip and fall
- Any videos or photos that captured your slip and fall
- Eyewitness testimony from others near you when you slipped and fell
- Medical documents that affirm your injury, diagnosis, and treatment schedule
Proving an injury while dealing with the related recovery can be overwhelming. You do not have to fight for justice alone, though. A personal injury lawyer can help you:
- Search for evidence
- File paperwork
- Negotiate with the insurance company
- Appeal a denied claim for workers’ compensation benefits
- Valuate your losses in the insurance claims process
- Perform any other tasks necessary for you to seek compensation or benefits
You Can Rely on the Attorneys at Bernstein & Poisson After a Slip and Fall Accident
Our team has been serving Nevada accident and injury victims for decades. We have secured hundreds of millions of dollars for injured people, including those who have suffered because of the most common causes of slip and falls.
Reach out to our firm for a free consultation today.