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What Qualifies as a Slip-and-Fall Accident?

What Qualifies as a Slip-and-Fall Accident?

Sachin Gadh Oct 8, 2021

Sachin Gadh chairs the Workers’ Compensation Group at Schwartzapfel Lawyers P.C. As an experienced New York City worker’s compensation attorney, Mr. Gadh fights tooth and nail to ensure that injured workers receive the benefits they deserve. Currently, Mr. Gadh primarily helps workers and their families recover money and benefits for construction site accidents and other on-the-job injuries.

Any slip, trip, or fall that causes injury may qualify as a slip-and-fall accident, wherein the injured party may be entitled to damages (i.e. monetary compensation).

This is why if you or a loved one has been injured in a slip-and-fall accident in NYC, knowing your rights is incredibly important, as they can keep you and your family from losing the money and benefits you are entitled to.

To speak with an experienced personal injury attorney about your rights and how you can protect them, please call Schwartzapfel Lawyers at 1-800–966-4999.

For more on slip-and-fall accidents, causes, and injuries, please continue reading.

Slip-and-Fall Accidents & Injuries in NYC

Slip-and-falls can be caused by any number of manmade and environmental factors. Common examples of accident sources and resulting injuries include but are not limited to:

  • Broken or uneven sidewalks — These sorts of accidents can lead to broken bones (e.g. fractures of the legs, arms, shoulders, hips, ankles).
  • Loose Grates – A slip, trip, or fall due to a loose NYC subway grate can cause serious and debilitating injuries (e.g. shoulder dislocations, elbow subluxation, hip displacements).
  • Snow or ice accumulation — These kinds of slip, trip, or falls can result in head trauma (e.g. brain injury, skull fractures, brain hemorrhaging)
  • Water collections or the presence of other slippery fluids (e.g. wax) — Slip-and-fall accidents in these settings can cause external cuts and internal bleeding.
  • Poor lighting — This common cause of slip-and-falls can result in disc bulges and herniations.
  • Loose mats, rugs, or other floor materials — These materials can lead to sprains, strains and tears.
  • Cracked or damaged steps — These can cause arthritis and nerve damage.
  • Improperly cordoned-off areas (e.g. surrounding potholes) — Commonly associated injuries include full and partial paralysis (e.g. quadriplegia, paraplegia).
  • Inadequate safety devices or equipment (e.g. hoists, harnesses, ladders, footwear) — Commonly associated injuries include internal organ damage.
  • Defective guardrails — These can lead to serious injury and even death.
  • Unsecured loads or construction debris — These can contribute to physical as well as emotional suffering (e.g. PTSD, anxiety, depression).

For these reasons, if injured in a slip-and-fall accident in New York, you should treat your injury as a serious matter that requires serious attention. Because no matter who you are or what you do, your health is worth protecting.

So, please, don’t wait until it’s too late. Choose the future that’s brightest for you and your loved ones by calling 1-800–966-4999 and having Schwartzapfel Lawyers fight for you!

Slip-and-Fall Accident FAQs

I’m a New Yorker who’s been involved in a slip-and-fall accident. What do I do next?

First and foremost, seek immediate medical attention. Head to the emergency room, urgent care clinic, or your primary doctor if possible, because regardless of whether or not you believe medical assistance is necessary, when it comes to injuries related to a slip, trip, or fall, it is always best to err on the side of caution. After your health is addressed, taking pictures or having a friend document the scene are important steps to take to ensure your claim is corroborated by the available evidence.

Next, one of the best ways to protect you and your family’s financial future is by securing expert legal representation. To do this, speak with a slip-and-fall lawyer right away. Your consultation should be free.

In terms of law and recourse, property owners in New York State have a legally binding duty to ensure that their properties are free from dangerous conditions that might cause injury. Failure to fulfill this duty can lead to liability in personal injury cases. Depending on the circumstances leading up to your fall, you may be able to file a claim against the responsible party.

For instance, if you slipped, tripped, or fell on private property (e.g. a neighbor’s home or business establishment), possible responsible parties may include but are not limited to: property landlord or owner; property’s insurance company; business owner on property; employer at property; or general contractor of property.

As well, please know that if you or someone you love took a fall on government-owned property in New York State, you can pursue damage claims against the responsible municipal party, which may be a city, town, county, or even the state.

Here, something worth noting is that if you are injured on government property — or if a municipality can be implicated — your case will likely be governed by filing requirements designed to make pursuing damages more difficult. For instance, the statute of limitations for slips-and-falls occurring on public property is usually shorter than that of private properties (less than three years) and prior written notice of the specific condition is generally required.

To learn more, speak with an expert slip-and-fall attorney today. Call Schwartzapfel Lawyers at 1-800–966-4999 or text us at 1-917-909-5900.

If I’ve suffered a slip-and-fall accident at work, am I eligible to file for workers’ compensation benefits?

Possibly. To learn why, please continue reading.

In New York State, nearly all employers are required to provide workers’ compensation to their employees. Additionally, employers are required to maintain a noticeable and easily accessible workers’ compensation bulletin in the workplace. Contact information for the workers’ compensation insurance carrier should be available on the post, as well as a list of the employee rights.

If you are injured on the job, you must notify your employer of your injury within 30 days of its occurrence, though we recommend you do so immediately so there is no question that your injuries are work-related and no issue of notice. Note: Even if you do not believe your injuries are serious, please protect yourself by reporting the incident within the 30-day deadline. Why? Because over time seemingly minor injuries can become severe and debilitating, and even life-threatening.

Additionally, if you belong to a union and are injured, you should immediately notify your union representative. In the event your claim is due to an occupational illness or occupational wear-and-tear, please notify your employer as soon as your doctor deems that your injury is likely work-related or as soon as you realize your injuries might be related to your work activities.

Together with these notifications, a C-3 Employee’s Claim Form must be filed with the New York State Workers’ Compensation Board to initiate your claim. We recommend you do so immediately to ensure your rights are protected. Note: The above-mentioned form is available for download at www.wcb.ny.gov.

To find out if you or a loved one is eligible to file for workers’ compensation benefits, please visit us online or speak with a Schwartzapfel Lawyers representative today. It would be our privilege to assess your claim so that you may focus on your recovery.

I was injured on the way into work. Am I eligible for workers’ compensation?

Employers are required to provide safe access to and from their place of employment. This includes parking lots, entrance ramps, sidewalks directly connected to the workplace, etc. Employees are entitled to safe ingress/egress which means entrance/exit from their workplace. It is important to have an attorney review the facts, circumstances, and location of your accident before determining liable parties.

What damages am I eligible to recover after being injured in a slip-and-fall in NYC?

In New York State, property owners have a duty to ensure that their properties are free from dangerous conditions that might cause injury. Failure to comply can lead to liability in personal injury cases.

Depending on the circumstances leading up to your slip-and-fall accident, you may be awarded financial compensation for these and other damages:

  •   Past, present, and future medical expenses (e.g., surgeries, hospitalizations,       prescribed medications, doctor’s visits, rehabilitation, etc.)
  •   Lost wages and/or benefits (e.g., Social Security, pension, annuity, etc.)
  •   Household services (e.g., house cleaning, transportation, yard work, etc.)
  •   Degree of disability, impairment, and/or disfigurement

I was involved in a slip-and-fall accident at work in NYC. Can I sue my employer for my injuries?

In most cases, New York State prohibits employees who were injured on the job from suing their employers. Accordingly, unless someone or some entity other than your employer caused your injuries, workers’ compensation is the only remedy to recover for your injuries and damages. Therefore, it is critical when choosing a lawyer to choose someone who will fight for you every step of the way. A diligent lawyer will investigate to determine any and all liable parties other than your employer.

Why should I speak with a slip-and-fall lawyer?

In short: The sooner you speak with an attorney who has experience winning cases involving slip-and-falls in New York, the better. Why? Because this will ensure that your accident is thoroughly investigated, your claim is submitted on time, and that every protection is afforded to you and your family’s financial future.

Summary

If you or a loved one has been injured in a slip-and-fall accident, please know that the law is on your side but you must act now. Protect yourself and your family by having a well-qualified personal injury lawyer fight for you.

At Schwartzapfel Lawyers, it is our mission to ensure that you receive every cent and every benefit you are entitled to. It is our honor and privilege to fight for you so that you may focus on what’s important: getting better.

Please, don’t gamble with your financial future. Call 1-800–966-4999 for your free consultation.

It won’t cost you a thing and may save you tomorrow.

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