Most employers in Montgomery County are required to carry workers’ compensation insurance. This system is designed to provide quick medical care and wage benefits to employees who are injured on the job.
To secure this financial help, you must act quickly. Alabama law sets strict deadlines for reporting workplace injuries to your employer. If you slipped at work and failed to notify your supervisor within the required timeframe, you could lose your right to medical coverage and disability payments.
Our experienced Montgomery workers’ compensation lawyers at Hunter | Everage help injured workers manage the insurance process and maximize their recovery.
Common Causes of Workplace Slip and Fall Accidents in Montgomery
Workplace falls can happen in any job setting. Common hazards include:
- Wet floors from mopping or leaks without warning signs.
- Spilled liquids or grease in breakrooms and industrial kitchens.
- Cluttered walkways, loose cords, and exposed cables across hallways.
- Uneven flooring, torn carpeting, or broken floor tiles.
- Poorly lit stairwells and parking lots.
- Weather-related hazards like rain or mud tracked onto slick lobby floors.
Unfortunately, a sudden fall can cause severe, long-term physical damage. Frequent injuries from a slip and fall at work include:
- Fractures to the wrist, arm, ankle, and hip.
- Concussions and traumatic brain injuries.
- Herniated discs and fractured vertebrae.
- Sprains, strains, and torn ligaments in the knees and ankles.
What to Do Immediately After a Slip and Fall at Work
The actions you take immediately after you suffer a slip and fall at work affect both your health and your legal claim.
1. Seek Medical Attention:Go to an emergency room or urgent care center immediately. Tell the doctor the injury happened at work.
2. Report the Incident: Tell your supervisor about the accident as soon as possible.
3. Document the Scene: Take photos of the hazard that caused you to fall.
4. Gather Witness Information: Write down the names and phone numbers of coworkers or customers who saw you fall.
5. Keep Records: Save copies of your medical reports, receipts, and any written communication with your boss.
6. Contact a Lawyer: Contacting a slip and fall lawyer helps you start the claims process and also helps you fight against insurance companies.
Workers’ Compensation vs. Personal Injury Claims: What’s the Difference?
Workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who was at fault, as long as it happened while you were doing your job.
This coverage pays for your medical treatments and covers part of your lost wages while you recover. However, you cannot get money for your physical pain or emotional stress through this insurance.
A personal injury claim is a lawsuit filed in civil court. You cannot file this against your employer, but you can file it against a third party, such as a negligent property owner or equipment manufacturer.
To win, you must prove that the other party’s carelessness caused your accident. If successful, this claim can pay for your total lost wages, future medical costs, and your physical pain and suffering.
When Can You Sue Your Employer for a Slip and Fall?
Under Alabama law, workers’ compensation is usually the only remedy for a workplace injury. This means you generally cannot sue your employer in court if you slip and fall at work.
However, you can sue your employer under rare and specific exceptions. According to Alabama Code Section 25-5-11, you can bring a lawsuit if your employer or a coworker intentionally caused your injury.
Third-Party Liability: When Someone Other Than Your Employer Is Responsible
You can file a personal injury lawsuit if a third party caused your accident. Examples of third-party liability include:
- Property Owners: If you slipped and fell at work while visiting a client’s building, you could sue the property manager for unsafe conditions.
- Independent Contractors: If a separate cleaning crew left a floor wet without signs, that business might be liable.
- Equipment Manufacturers: If a machine leaked oil due to a manufacturing defect, the manufacturer could face a claim.
How to Prove Negligence in a Workplace Slip and Fall Case
To prove negligence in a workplace slip and fall case against a third party, you must show that someone other than your employer failed to keep you safe.
1. Establish a Duty of Care
Establishing a duty of care means the property owner, contractor, or equipment manufacturer had a legal responsibility to keep the workspace free of hazards.
2. Breach of Duty
You have to prove that the responsible party knew about the danger, or should have known about it, and did nothing to fix it.
3. Causation
Causation means the specific hazard directly caused your accident. You must show that you slipped and fell because of the wet floor or broken tile, and not because of something else.
4. Damages
You must provide evidence that the fall caused you actual physical and financial harm by presenting medical records, hospital bills, and missed paychecks from your time away from work.
How Long Do You Have to File a Claim in Alabama?
You must give your employer written notice within 5 days of your workplace accident. Under Alabama Code Section 25-5-78, this can sometimes be extended under very specific circumstances, but reporting it immediately prevents the insurance company from denying your claim.
If a third party (someone other than your employer) caused your slip and fall, you have 2 years from the date of the accident to file a lawsuit against them under Alabama’s personal injury statute of limitations.
Why You Should Speak with a Montgomery Slip and Fall Attorney
Insurance companies often try to minimize the amount they pay injured workers. Here is why you should speak with a Montgomery slip and fall attorney:
- Fights Insurance Denials: A lawyer knows how to appeal a denial and fight for the medical care you need.
- Calculates the True Value of Your Claim: An attorney ensures the insurance company calculates your average weekly wage correctly.
- Identifies Third-Party Claims: A lawyer can identify if you’re able to file a lawsuit against a third party.
- Gathers Crucial Evidence: Lawyers know how to secure security camera footage, maintenance records, and witness statements before they disappear.
- Handles Communication for You: An attorney speaks with insurance adjusters, doctors, and employers so you can focus entirely on your physical recovery.
Contact Our Montgomery Slip and Fall Attorney
The team at Hunter | Everage helps injured workers in Montgomery secure the medical coverage and lost wages they deserve. We understand how a sudden workplace injury can impact your family and your finances.
Contact Hunter | Everage at 704-377-9157 to speak with our experienced Montgomery slip and fall attorney about your legal options.
