A slip and fall accident can cause minor bumps and bruises, or it can mean the loss of months of work as a victim recovers. As these are some of the most common accidents that happen in the workplace, it makes sense that slip and fall injuries are covered by workers compensation.
Unfortunately, some employees may file for benefits only to be denied based on exceptions in the workers’ compensation law.
When Will Workers' Compensation Cover a Slip or Fall Injury?
In most cases, any injury sustained by an employee while he or she was doing a work-related task will qualify for workers’ compensation. In addition, any conditions that arise from a work-related injury, such as depression, will be covered under workers’ compensation.
However, an employer is allowed to deny benefits for an injury sustained during:
- Horseplay. Workers’ comp is a form of no-fault insurance, so employees can still get benefits if they're partly at fault. However, any injury involving horseplay—such as having a race around a warehouse—is not automatically covered by workers’ compensation.
- Intoxication. If you're under the influence of drugs or alcohol at the time of your injury, your employer may not be liable for covering the costs of the accident.
- Commuting. Most injuries incurred while going to or coming from work aren't covered by workers' compensation, but there are a few exceptions. For example, injuries that occur on a business trip or during a work-related errand may be covered, as are slip-and-falls that occur in the company parking lot as you leave or arrive for work.
- Breaks. In most cases, injuries that occur on lunch breaks aren't covered. But if you slipped in the company cafeteria or were picking up lunch for several other people, you may be able to collect benefits.
You'll likely be able to collect compensation if you can prove that your injury occurred as a result of a work-related activity. The attorneys at Johnson & Gilbert, P.A. can listen to the details of your case and investigate the connection between your injury and your employment.
Contact us today by filling out the quick contact form on this page, or order your free copy of our book, It’s Not Rocket Science, It’s Workers’ Comp, to learn more about your employee rights.