In most personal injury cases, whoever caused the accident, is also liable for the injuries. Accidents on job sites are a little different, though. Often, these fall under the workers’ compensation laws, and proving fault is not necessary.
Keep in mind that every claim is unique. You may be ineligible for workers’ comp. Your employer may fight your claim. A third party may be at fault, opening the possibility of a lawsuit. Instead of being caught off-guard, speak with a Los Angeles slip and fall lawyer who can advise you on your best course of action.
When you need to prove liability for a workplace fall
If your claim is eligible for workers’ comp, proof of negligence is irrelevant to your compensation. The workers’ compensation system is built on a trade-off: the process is, in theory, simpler and quicker. However, the amount that can be recovered is not as substantial as what you could receive through a lawsuit. The claim process is less complicated because there is no time or money spent proving fault; an employee can recover even if their negligence caused the injury.
Liability could still become an issue if:
In these cases, you may need to file a lawsuit against the at-fault party to recover the compensation you need. We can determine whether there are any facts related to your job site accident that would give rise to a personal injury lawsuit.
How to prove liability in a workplace slip and fall
Proving liability for a slip and fall accident means showing that the defendant was negligent. This requires each of the following:
You will need evidence of each of these elements. Some of it, like photos of the accident scene and testimony of witnesses, you may be able to secure on your own. Other pieces of evidence, like policy manuals and internal memoranda of the defendant, may require action by your attorney. Your Los Angeles construction accident lawyer will formulate a strategy for obtaining this evidence after talking the case through with you and then take the necessary steps to build an airtight case.
Examples of fault involved in workplace falls
What to do after a slip and fall at work in California
If you fall on the job, preserve as much of the scene as possible. This includes:
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Statutes of limitations begin to run immediately when an injury occurs. Speak with a personal injury attorney as soon as possible to determine whether a lawsuit is appropriate.
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At Salamati Law, we are committed to helping personal injury victims fight for full compensation. We proudly serve clients throughout Southern California. There is never an up-front charge; we only charge a legal fee if we recover compensation on your behalf. Call today to schedule a free consultation.