Workers' Compensation

This is How You do Worker's Compensation Claims

At Shaw Law, we do lawsuits against businesses and people who did not maintain their property reasonably.

What We Can Do For You

At Shaw Law, we can certainly help you do a worker's compensation case or locate somebody who can.

But, we also investigate whether you can sue somebody else other than your employer -- these are called "Third-Party Actions."

You'd be surprised how many work accidents happen on property that was owned by somebody other than the employer or on property that was to be maintained by somebody other than the employer.

This unreasonable behavior then leads to your slip and fall injury.

If you believe you might be entitled to workers' compensation, contact Shaw Law at (260) 777-7777 to schedule your free consultation today!

Can You Sue Your Employer for a Slip and Fall?

Sometimes you are hurt at work in a slip and fall and you are prevented from "suing" your employer in a court of law.

When You Can't Sue Your Employer and Must File a Worker's Compensation Claim

What do you do then?

Slip and falls are one of the most common types of work related accidents. According to the National Safety Council, slip and fall injuries account for over 20 percent of all workplace injuries. That's more than 1,000,000 worker's compensation claims started each year.

The majority of those injuries are minor, but a large percentage of slip and falls result in much more serious injuries: these include head trauma, disk herniations in your spine, broken bones, or burns.

With few exceptions, employers are bound by rules set by the Occupational Safety and Health Administration and its regulations. These regulations mandate safety measures in the workplace. An investigation by OHSA can review violations and the employer can be fined.

In a Third-Party Lawsuit Against Somebody Else, They can Blame Your Employer and Reduce your Award Due to Comparative Fault in Indiana

This investigation can then be used in court in a third-party action, which allows the defendant to sometimes blame the employer in any injury-producing accident. This perversely allows the defendant to lower its responsibility to pay the injured worker by blaming the employer, too.

An example is if you are struck by a truck in a parking lot. You can sue the truck driver and his employer, for sure. But those defendants might blame the store for having inadequate parking lot security or rules.

It's a hard world out there for people injured while at work.

But, slip and falls are the most common injury at work.

The most common causes of falls at work are:

• Spilled liquids
• Cracked, torn or uneven flooring
• Inadequate or non-existent warning signs
• Poor lighting
• Holes in the floor or parking lots
• Broken or uneven stairs
• Exposed cables running along the floor or ground

Compensation for Workplace Accidents

Employees injured in workplace accidents have a right to workers' compensation benefits.

You do NOT need to prove the employer did something wrong (negligence).

An employee who contributed to the cause of his workplace injury is entitled to workers' compensation benefits. Just as it isn't necessary to prove the employer was negligent, workers' comp laws do not bar the employee from coverage if the slip and fall accident is entirely his fault.

There are a few exceptions. If actions that result in an injury are intentional (actions that have a high probability of causing injury or exhibit a "wanton disregard of probable consequences"), a work accident claim may be denied. These situations are normally found in "fraud" cases of injury or when a worker intentionally does something he knows is unsafe.

Normally, your injury alone is sufficient for you to file a workers' comp claim and receive benefits.

Benefits can include:

• Payment of Medical Bills
• Payment for Physical Therapy
• Out-of-Pocket Expenses for Medicine or Crutches or Wheelchairs/Scooters
• Lost Wages, but not at a full repayment rate (sometimes 2/3)