Were you hurt in a slip and fall accident while on the job in Philadelphia or elsewhere in Pennsylvania? You have the right to seek compensation. However, you may potentially only have a workers’ compensation claim instead of a personal injury lawsuit. The specific circumstances of your case will always matter. Here, our Philadelphia slip and fall lawyer explains why you can file a lawsuit for an injury at work in Pennsylvania.
Slip and Fall Accidents at Work Can Cause Serious Injuries
According to data from the National Safety Council (NSC), slip and fall accidents are one of the leading causes of workplace injuries in the United States. In Pennsylvania workplaces alike, these incidents occur in warehouses, hospitals, construction sites, offices, and retail environments. Wet floors, uneven surfaces, poor lighting, and inadequate safety controls create predictable hazards. When a worker loses footing, the body absorbs sudden impact forces that commonly produce serious, long-lasting injuries. Some of the most common slip and fall accident injuries include:
- Sprains: Sprains occur when ligaments stretch or tear due to sudden joint movement during a fall. Ankles, knees, and wrists are especially vulnerable. Swelling, instability, and pain frequently limit mobility.
- Strains: Strains involve damage to muscles or tendons caused by abrupt twisting or overextension. Back, neck, and shoulder strains are common in workplace falls. Notably, these injuries can arise with a delayed onset.
- Ligament Injuries: More severe falls can rupture major stabilizing ligaments, including the ACL, MCL, or rotator cuff structures. A serious ligament injury may require surgery.
- Broken Bones: Falls commonly result in fractures of the arms, legs, hips, ribs, or wrists. Some fractures require surgical fixation and extended immobilization. Immediate medical attention for a broken bone in a workplace slip and fall accident is a must.
- Traumatic Brain Injuries (TBIs): Head impact during a fall can cause concussions or more severe brain injuries. Symptoms include headaches, memory loss, dizziness, and cognitive impairment. Even mild TBIs can disrupt work performance and overall quality of life.
- Internal Injuries: Blunt force trauma can damage internal organs without immediate external signs. Injuries may include internal bleeding, organ contusions, or punctured lungs.
- Spinal Cord Trauma: Any amount of spinal cord damage is a catastrophic injury. Falls pose a serious risk of spinal cord injury. Herniated discs, vertebral fractures, or cord compression can result in paralysis and/or permanent neurological loss.
Slip and Fall at Work? Know Your Legal Options
The big question: Can I file a slip and fall lawsuit for a workplace injury in Pennsylvania? The answer is “it depends.” Workers’ comp laws prevent you from suing your own employer. Your no-fault workers’ comp coverage is an exclusive remedy as it pertains to your own employer. However, you can sue any negligent third party (contractor, property owner, etc) that contributed to your workplace slip and fall accident. Here is an overview of your legal options for a workplace slip and fall accident in Philadelphia:
- Workers’ Compensation: In Pennsylvania, workers’ compensation provides the primary remedy for slip and fall injuries that occur in the course and scope of employment. The system operates on a no-fault basis. An injured victim does not need to prove employer negligence to receive benefits. The worker must establish that the fall arose out of employment and occurred while performing job duties or activities reasonably related to work. Workers’ comp benefits include payment of all reasonable and necessary medical treatment and wage-loss benefits when the injury causes disability. A claim can also provide specific loss and permanent disability benefits where applicable.
- Third-Party Liability Lawsuit: A workplace slip and fall may also support a third-party liability lawsuit in Pennsylvania. While workers’ compensation bars claims against the employer, it does not protect negligent third parties. An injured victim may sue any non-employer entity whose negligence contributed to the accident. Common defendants include property owners, maintenance companies, cleaning contractors, equipment vendors, and subcontractors. Third-party claims follow traditional negligence principles. The injured victim must prove duty, breach, causation, and damages. Unlike workers’ compensation, a civil lawsuit allows recovery for the full scope of damages, including pain and suffering and long-term disability.
Key Takeaway: In Pennsylvania, you generally cannot file a lawsuit against your own employer for a workplace slip and fall. Workers’ compensation is the exclusive remedy for the employer. You can file a lawsuit, however, when a negligent third party contributed to the accident. Property owners, contractors, or maintenance companies may be legally responsible. These are not “either/or” claims. You should also file for workers’ comp benefits after a job-related slip and fall. You may also have an additional claim against a negligent third party.
We Represent Injured Workers in Slip and Fall on the Job Cases in Philadelphia
If you or your loved one was hurt in a slip and fall in the workplace, it is normal to have a lot of questions about your rights, your options, and what comes next. At Gibbons Legal, we are a boutique law firm that fights tirelessly for justice for injured victims, including for workers hurt in slip and fall accidents. With a proven record of case results and client testimonials, we have the professional expertise that you can trust when it matters most. Our conveniently located Philadelphia law office positions us well to handle cases all across the broader region.
Get Help From Our Philadelphia Workplace Slip and Fall Accident Lawyer Today
At Gibbons Legal, Personal Injury & Accident Lawyers, our Philadelphia workplace injury attorney handles all types of fall accident cases. Hurt in a slip and fall while on the job? We can help. Call us now or contact us online to arrange a no-cost, no strings attached initial case review. From our legal office in the 19103 zip code of Philadelphia, we represent injured workers in slip and fall cases throughout Southeastern Pennsylvania, including in 19125, 19102, 19143, 19128, and 19121.
