Can You Sue for a Workplace Slip and Fall Accident in Wisconsin?
Slips, trips, and falls are among the most common types of workplace accidents. According to data from the Occupational Safety and Health Administration (OSHA), nearly 25 percent of all workplace injury claims involved a slip, trip, or fall. If you were hurt in a workplace fall accident in Wisconsin, you may be wondering: Can I file a personal injury lawsuit for a slip and fall on the job?
Generally, the answer is you must bring a workers’ comp claim instead of a personal injury claim — however, there are some important exceptions. Here, our Milwaukee workers’ comp attorneys explain what you need to know about recovering compensation for a workplace slip and fall accident.
Workers’ Comp is an Exclusive Remedy Against Your Employer
Under Wisconsin law, all employees are protected by the state’s no-fault workers’ comp insurance system. If you were injured in a slip and fall accident on the job in Wisconsin, you have a right to recover financial support for your medical bills and lost wages through a workers’ compensation claim.
You are not required to prove your employer was at fault for your slip and fall accident to be eligible to get access to this compensation. You must merely establish your injuries occurred in the course and scope of your employment.
Because workers’ compensation is an exclusive remedy, injured workers are generally not able to file a personal injury lawsuit directly against their employer. Instead, they should pursue compensation for slip, trip, and fall injuries through workers’ comp.
The Exception: You May Have a Third-Party Liability Claim
Although you are generally prevented from suing your employer for a workplace injury, you may still be able to bring a personal injury lawsuit against another negligent party. Workers’ comp is only an exclusive remedy as it pertains to your employer. If you were hurt in a slip and fall accident that occurred on the job because of the negligence of any other party, you may be able to file a personal injury lawsuit.
As an example, imagine a delivery driver is rear ended and injured in a car accident while working. If the driver of the other vehicle was at fault, the delivery driver may have a claim against that driver and their insurance carrier. To be clear, the delivery driver would also still have the right to pursue a workers’ comp claim. In this type of scenario, it is imperative the injured workers consult with a lawyer who will help them explore all available options in order to maximize their compensation.
Call Our Milwaukee, WI Workers’ Comp Lawyers Today
At Gillick, Wicht, Gillick & Graf, our Wisconsin work injury attorneys have the skills and experience needed to handle workplace slip and fall accident claims. If you were hurt in a slip, trip, or fall accident while on the job, we are here to help. For a free case assessment, please contact our law firm now. We represent injured employees in Milwaukee and throughout Wisconsin.