Archive for the ‘ Slip and Fall ’ Category

17
Feb

If You Slipped and Fell at Work, You Must Read This

February 17, 2020

If you suffer a slip and fall at work, there are steps you can take to make sure that you are treated fairly until you recover from your injuries. Consult our quick guide here, and then speak with an experienced personal injury attorney to protect yourself after your accident.

Seek Medical Attention 

If you were injured at work, anticipate that you will be following the process for workers’ compensation. In this case, you will need to consult your employer on which physicians their workers’ comp insurance will approve. However, if the injuries constitute an emergency, someone must call an ambulance and workers’ comp benefits can be sorted out later.

Even if you can walk away from the accident, do not delay seeking medical treatment. Waiting to seek medical attention could risk the employer claiming that you were injured at a different time and place. Your treatment will need to coincide closely with the date and time of your accident.

Understanding Premises Liability

Under premises liability law, all property owners are required to keep visitors safe. Property owners must either repair dangerous parts of the property or block off and clearly warn visitors of unsafe areas until repairs can be made. As such, if you or someone you love was injured in a slip-and-fall accident on work property where a property owner was negligent, that property owner is liable for the injuries.  

If the property owner is your employer, then you will most likely be filing for workers’ compensation. However, if the property owner is someone other than your employer, you may qualify for a personal injury claim against the property owner in addition to seeking workers’ compensation for your injuries.

Workers’ Compensation in Indiana

Employers in Indiana are required to carry workers’ compensation insurance to protect workers in the event of an accident. Workers’ compensation pays for your medical bills, rehabilitation and a percentage of your lost wages until you can return to work. 

You can initiate a workers’ comp claim by requesting and completing form DWC-1. When completing the form, you must include as much specific information as possible about when, how and where the accident occurred. 

Indiana workers can qualify for workers’ comp even if the slip and fall was their fault. However, if your employer can prove that you intentionally tried to hurt yourself, your claim would constitute a fraud claim, and you would not be awarded any benefits.

Workers’ Compensation Exclusivity

By Indiana law, you are not allowed to sue your employer for a slip and fall so long as the accident occurred while you were working and your employer has workers’ comp coverage. Instead, you will need to follow the process to collect workers’ comp as soon as you are able after your accident.

However, if your slip and fall took place on a property where someone other than your employer possesses premises liability, you may qualify for a third-party action personal injury claim.

Third-Party Actions

If your slip and fall occurred somewhere other than employer-owned property, you may be able to prove that the property owner was negligent in his duties under premises liability law. You should consult with a personal injury attorney to see if you qualify for a personal injury lawsuit as a result of your slip and fall.  

In a third-party action, you can hold the property owner accountable for your injuries and seek compensation for damages even if your accident occurred during work and qualifies you for workers’ compensation. In many cases, workers’ compensation does not fully cover all expenses (such as lost wages) after an accident. Filing a personal injury claim against the third-party property owner can ensure that you receive compensation for your injuries in full.

For more information about how an Indiana attorney can help you with your slip and fall case, contact Stewart & Stewart Attorneys at 800-333-3529 or visit our website.

14
Jul

5 Main Causes of Slip and Fall Accidents

July 14, 2018

When you are spending so much of your time on the job, you expect that your employer will maintain a safe work environment. Yet more than a million and a half work accidents happen every year, leaving thousands of employees out of work at any given moment as they recover from on-the-job injuries.

5 reasons most Slip and fall accidents occurUnder Federal law, you are entitled to a safe workplace, and you should not have to fear falling victim to an injury while at work. One of the most common injuries that can happen to employees whether they work in an office building or they work at a construction site is slipping and falling. You may be rushing to a meeting and slip on a wet floor or you may trip over poorly mounted scaffolding—but in either case, falling on the job can result in painful, long-lasting injuries. Here are the main causes of these all too common slip and fall accidents.

Improper Training

If you work in an environment that requires the use of machinery, being on your feet, or using your hands, it’s imperative that you receive the proper training before you begin work. If you are not shown how to do your job correctly, it can lead to an increase in injuries, especially slip and falls.

Uneven Surfaces

Everywhere from construction sites to office buildings are at risk for uneven flooring. It is your company’s responsibility to create a safe workplace, and that includes correcting uneven surfaces. If your company fails to do this, you are at risk for slip and falls that can cause serious injury.

Improper Cleaning

In addition to correcting uneven surfaces, your company must also ensure they clean your work space with the utmost care. If there is a spill in the break room that is not cleaned up in a timely manner, and you slip on it and hurt yourself, your company could be liable for your injuries.

Inappropriate Footwear

Many jobs require a certain type of footwear in order to ensure slip and falls don’t occur. If your employer does not provide the shoes for you, it is up to you to purchase, and wear, the shoes that are needed to keep you safe.

Weather

While weather is no one’s fault, per say, it is one of the leading causes of slip and falls in the workplace. And although your employer can not stop the rain or the snow, if you do fall on their property, they can be liable as they are obligated to keep the area safe for employees.

If you’ve been injured in a slip and fall accident, contact the attorneys at Stewart & Stewart. Give us a call at 1-800-33-33-LAW or visit our website for more information.

4
May

What Can I Do If I Slip and Fall at a Local Restaurant?

May 04, 2018

When we go out to eat, we expect to have an enjoyable meal without any concern for injury. Unfortunately, injuries in restaurants are more common that one may think. With constant spills from drinks and food, slip and falls are something we should all be wary of when we frequent a restaurant. If you are in a slip and fall accident at a small, local restaurant and sustain injuries, it’s important to know what you can do to help pay for any damage or lost wages you incur due to prolonged injury.

The first thing you will need to do is prove negligence. An experienced slip and fall attorney will know the right questions to ask to ensure that the restaurant is to blame for your slip and fall. To prove negligence, you must be able to confirm that the restaurant did not do what they could to make sure their customers were safe. In restaurants, proving negligence can be a bit tricky. A slippery floor may have caused your injury, but that doesn’t automatically mean that the restaurant was negligent by allowing their floor to be slippery. In this case, you must prove that the floor was slippery for a long period of time, and that the restaurant knew this but failed to clean up the mess or warn customers of the dangerous area. You must also know exactly what caused you to slip—so never tell a manager or waiter that you are unsure why you fell, it could come back to hurt you later on should you pursue a case.

To help establish negligence before an attorney or insurance company is involved, try to inspect the area where you fell. Take pictures of a slippery or wet floor and the surrounding area to prove that there was no signage to warn you of potential danger. You may also want to try to get witnesses to back up your claim. Write down any names and addresses of fellow diners who can corroborate your story. It’s also extremely important to ask for a manager and make sure the restaurant is aware that you feel and sustained injuries. If you leave without speaking with a manager, it will be harder to prove negligence and make a case.

If your injuries are not life-threatening, you can wait to seek medical attention until after the above is complete. Once you get to the hospital, keep a record of any injuries you sustained and any treatments you are prescribed.

After these steps are completed, an experienced slip and fall attorney will take the lead. They will use all the information you gathered from the scene and work with the restaurants insurance company, or attorney should they have one, to make sure you get compensation for any of the injuries you suffered as a result of your slip and fall. If you were involved in a slip in fall accident at a local Indianapolis restaurant, get the best attorneys on your side. The staff at Stewart & Stewart have handled many slip and fall cases and know the best way to get full compensation for their clients. Contact them today by calling 1-800-33-33-LAW or visiting their website.

6
Jan

3 Things You Should Do After a Slip and Fall Accident

January 06, 2016

Premises liability is a legal term that refers to injuries caused by unsafe conditions on someone else’s property. Most often these types of injuries are the result of negligence on the part of the property owner. For instance, if you are walking across a footbridge at a business and the bridge collapses, injuring you in the process, you might have a premises liability claim. One of the most common type of premises liability in Indiana are slip and fall accidents.

There are a number of situations where a premises liability accident can occur:

  • Defective construction—Faulty wiring, broken stairs, and uneven floors create dangerous conditions and can lead to serious injuries or even death.
  • Inadequate maintenance—It is the responsibility of property owners to ensure their properties are safe by removing potential safety hazards.
  • Negligent security—Parking garages, swimming pools, and businesses in areas prone to crime should have adequate security to protect their guests and customers.

If you’ve been injured on someone else’s property, the first thing you should do is seek medical attention. Your wellbeing is most important, and it’s always a good idea to get checked out by a medical professional.

Secondly, make sure the accident is documented. Most businesses have a procedure in place for documenting accidents that occur on their property, but don’t assume that is the case. Write down your account of the events, take pictures, and secure the names and phone numbers of any witnesses to the event as soon as you are able.

Finally, call a lawyer before you sign anything from the property owner or their insurance company. A premises liability lawyer will work on your behalf to make sure the insurance company fairly compensates you for your injuries.

17
Dec

What Are the Most Common Workplace Injuries in Indiana?

December 17, 2014

In 2013, Indiana reported a non-fatal workplace accident rate of 3.8 injuries per 100 workers, and a total of 123 workers lost their lives while on the job. These numbers leave many citizens wanting to know more about the types of accidents that put workers at risk of injury or death.

Slip and Fall Accidents

Slip, trip, and fall incidents are one of the most regularly reported workplace accidents in Indiana. In fact, Indiana slip and fall accidents accounted for roughly 37 percent of all workers’ compensation claims made in the state last year.

Transportation Accidents

These incidents include all accidents involving motor vehicles, such as commercial truck drivers injured in crashes or farmhands thrown from vehicles. According to the Indiana Department of Labor Quality, Metrics &Statistics Division, these accidents accounted for 25 worker fatalities in 2013.

Contact With Objects or Equipment

Contact with objects or equipment includes workers being hit by falling objects, employees becoming caught in a piece of machinery, and even being struck by vehicles. These incidents accounted for roughly 13 percent of all Indiana workplace fatalities that occurred in 2013.

Getting Help

If you’ve been injured or had a loved one who was killed while working in Indiana, you may be entitled to receive compensation for your injury or loss. The processes of seeking benefits can be complex and confusing, so consider speaking with an attorney prior to filing your claim.

At Stewart & Stewart Attorneys, we’re ready to help you complete the paperwork to file your claim. To learn more about how our Indianapolis personal injury attorneys can assist you, call us anytime at (800) 33-33-LAW to talk to our legal team.

30
Jul

Indiana Slip and Fall Accident Claims Worker’s Life

July 30, 2014

Slip and fall accidents are among the most common causes of work-related injuries. In fact, the Bureau of Labor Statistics states that slips, trips, and falls accounted for roughly 15 percent of all workplace fatalities in 2012.

This weekend, an Indiana slip and fall accident was to blame for a worker’s death at an Indiana factory. Reports indicate the 54-year-old victim was injured on Saturday afternoon at the Assmann Corp. factory located on Taylor Road in Garrett, Indiana.

An article from WISHTV 8 News states the victim was using a scissor-lift to install safety equipment onto a crane when the crane suddenly changed positions and struck the lift. This caused the lift to fall over, and the worker plummeted an estimated 35 feet to the ground where he struck his head.

The Indiana Occupational Safety and Health Administration is currently investigating the cause of the accident.

The Indianapolis personal injury lawyers with Stewart & Stewart Attorneys understand the devastating consequences a slip and fall accident can have on a victim and their family. That’s why the firm would like to send their deepest condolences to the loved ones of the man who was killed in this tragic accident.

26
Feb

Indiana Lawsuit Filed After Deck Collapse Leaves Family Seriously Injured

February 26, 2014

Rental property owners have a responsibility to ensure the safety of those they allow on their property or to warn patrons of dangers that may be present. Failure to do can cause injuries and lead to a lawsuit against the property owner for damages.

Such a case was recently filed in connection with a deck collapse at a southern Indiana rental property that left two-dozen people injured. The group had gathered on the deck of a New Albany clubhouse on Dec. 22, 2013 in order to have their photo taken, but the deck collapsed, causing those standing on it to suffer an Indiana Slip and Fall Accident that sent them plummeting roughly 20 feet to the ground below. Surveillance cameras captured the incident and the family says three of the victims are still trying to walk.

The family is now suing the property owners, the homeowner’s association, and the company who built the deck, claiming their negligence is responsible for the injuries that they suffered. More about the lawsuit can be found here.

The Indiana Personal Injury Lawyers with Stewart & Stewart Attorneys are aware of how difficult it can be to overcome injuries resulting from an accident and hope a decision in the case that was filed brings a sense of closure to the victims and their families.

 

29
Jan

Slip and Fall Accidents Are Becoming More Common

January 29, 2014

Incidents involving an individual slipping or tripping and falling can be extremely dangerous. In fact, the Centers for Disease Control and Prevention estimate that in 2010, 2.3 million non-fatal fall injuries among older adults were treated in emergency rooms and more than 662,000 people were hospitalized.

The Indiana Slip and Fall Accident Lawyers with Stewart & Stewart Attorneys say that a new study is now showing annual deaths as a result of this type of accident may soon exceed the number of fatalities attributed to both motor vehicle accidents and firearms.

According to a recently published study in Anesthesiology News, deaths by car accidents have fallen by an estimated 27 percent due to advancements in safety technology, public awareness, and improved medical treatment since 2002. This decline was offset by a dramatic spike in the number of slip and fall fatalities, which had swelled by 46 percent over an eight-year period.

The Indiana Personal Injury Lawyers with Stewart & Stewart Attorneys recognize the risks of slip and fall accidents, and they suggest following these simple steps to stay safe:

  • Do exercises that focus on strength and balance
  • Install railings and adequate lighting in high-hazard areas of your home, such as stairwells.
  • Get your vision checked annually, as poor eyesight has been associated with falls and lack of balance.
  • Be aware of side effects of medications, such as dizziness or drowsiness.
9
Jan

Could Osteoperosis Play A Role In Slip and Fall Accidents?

January 09, 2013

January 9, 2013

Experts with the Centers for Disease Control and Prevention (CDC) say that Slip and Fall accidents are the leading cause of injury for citizens who are over the age of 65 years old, considering one out of three adults that age suffers an injury from a fall each year. These accidents can often lead to broken bones and other life-threatening injuries, yet not enough is done to prevent further injuries from re-occurring.

An article from USA Today, points out that all too often older adults who suffer from slip and fall accidents may also have developed a condition known as osteoporosis where the bones in the body begin to lose mass and deteriorate. Research from the National Bone Health Alliance points out that more than two million slip and Fall incidents that occur in the Untied States each year are linked to the condition, yet less than 20 percent of those who are over the age of 64 years old and suffer a fall undergo testing to see if they have developed osteoporosis.

Experts say there are several options available to treat the loss of bone mass that are widely accepted by the medical community, including taking Bisphosphonates, Calcium, and Vitamin D.

The Indianapolis Personal Injury Lawyers with Stewart and Stewart Injury Lawyers believe making sure that the elderly have their bone mass checked on a regular basis and treating osteoporosis at the first signs of onset can work to greatly reduce the chances of an individual suffering injuries from a slip and fall accident.

 

4
Jan

Are Playgrounds Too Dangerous Or Too Boring?

January 04, 2012

January 4, 2012

While playgrounds for kids today may be designed with a child’s safety as the first priority, new research shows that these “play safe” designs may be leading to a generation of bored, inactive kids. According to an article released today by WTHR 13 News, research from a study done at the Cincinnati Children’s Hospital Medical Center shows there is a desperate need to balance safety concerns with vigorous and stimulating play.

Data was collected from more than 100 childcare providers and focus groups in different areas and income levels surrounding the city over several years. Three main problems were determined to be contributing to blocking children from getting the exercise they need:

  1. State licensing codes and financial constraints that restrict equipment choices
  2. Injury concerns
  3. Pressure to put classroom learning as a priority above playtime

Researchers added that children are proven to concentrate and learn better after brief periods of vigorous activity.

Opponents to the findings say that researchers failed to take into consideration the number and types of injuries that can occur on the playground. Angela Mickalide, director of research and programs for Safe Kids Worldwide, said that nearly 220,000 children visited Emergency Room facilities in 2009 with playground equipment-related injuries. The most dangerous equipment seemed to be older slides with steep grades and climbers between 8 and 10 feet high.

The Indiana personal injury attorneys with Stewart and Stewart Injury Lawyers would like to know what you think about this debate. Do kids need a heightened challenge during playtime or are playgrounds dangerous enough already? Tell us what you think by posting to our Facebook page.