Injuries often happen on the job, especially jobs that involve heavy equipment, chemicals, and other dangerous liabilities. The fact is that any employee can be hurt while working at any job – leading many to ask, “Can I sue my employer for a slip and fall?” Depending on your employer and the circumstances of your slip and fall accident, the answer to this question varies.
When Can I Sue My Employer for a Slip and Fall?
There are a few instances where you can sue an employer for your injuries after a slip and fall. One way is by proving there was significant negligence on their behalf that caused your accident. For example, your employer may be held liable for a slip and fall if:
- You were injured while performing your regular job duties
- Your employer asked you to do something outside of your scope of knowledge
- Your working conditions were unsafe
- You were not adequately trained
Another way you can file a lawsuit is if your employer does not provide workers’ compensation. Nevada state law requires employers to provide workers’ compensation for employees – not doing so is illegal. If your employer chooses not to follow the state’s requirement to provide worker’s compensation, you have the legal right to sue.
It should be noted that if an employee in Nevada receives workers’ compensation for their injury, they are not permitted to also sue their employer.
When Is My Employer Liable for My Slip and Fall?
Job site accidents caused by negligence hold your employer liable for your injuries. An employer is negligent when they fail to uphold a standard of care. This means that if they do not reasonably take care of immediate dangers like slippery floors, unsafe building areas, or code violations – even though they were aware of these dangers – they can be held liable for any accidents that occur as a result.
When Is My Employer NOT Liable for My Slip and Fall?
An employer cannot be held liable for a slip and fall if:
- The employee was acting independently of the employer and their job duties
- The employer did not reasonably know or foresee the circumstances that caused the accident
- The employee caused the circumstances that led to their own injury
- The employee was not performing job-related tasks
- The employee was acting in an unsafe or illegal manner of their own accord
How Do I File a Slip and Fall Lawsuit Against My Employer?
Your first step in the litigation process should be to contact a personal injury lawyer. An attorney can help you file a workers’ compensation claim when that will likely get you more compensation than a lawsuit.
An attorney can also help you build a case for a slip and fall lawsuit. Determining liability and gathering evidence that proves your case can be time-consuming and tricky, but a skilled lawyer can guide you through the process.
How Do I Prove I Have a Slip and Fall Claim Under Nevada Law?
As the victim of a slip and fall injury, you may be eligible to sue your employer for negligence if you can prove:
- Your employer had a duty to keep you safe
- Your employer failed to uphold this duty
- Your employer’s actions or failure to act was not reasonable and caused your injuries
- You suffered losses that entitle you to financial compensation (also known as damages)
You must also prove that you were acting within the scope of your employment, which means the injury occurred at work, during work hours, and while you were performing your job duties. If you are driving to or from work while performing a work-related errand, your employer may also be liable under Nevada’s “coming and going” rule.
What if I am Partially to Blame for the Accident?
If your employer’s negligence played some part – at least 50% – in your injury, you may still qualify for damages under Nevada’s comparative negligence laws. A Las Vegas slip and fall lawyer can explain these laws further.
Statute of Limitations for Slip and Fall Cases in Nevada
Nevada sets a time limit for how long you have the right to have your lawsuit heard in the state’s civil court system. This time limit, also known as the statute of limitations, varies depending on the type of case. In Nevada, you usually must file within two years of a slip and fall accident.
If you were injured in a slip and fall at work, you must file a lawsuit against your employer or any other at-fault party within this two-year time limit. For property damage related to a slip and fall, the statute of limitations is extended to three years.
What if I Do Not File Within the Statute of Limitations?
Unfortunately, if you do not file before the deadline, the court will likely dismiss any lawsuit you attempt to file. In rare cases, the clock can “pause” on the statute of limitations to give you more time to file a lawsuit. To find out if this applies to your situation, consult a personal injury attorney.
How Do Employers Try to Avoid Slip and Fall Lawsuits?
Employers may try to argue that they are not liable for a slip and fall accident to avoid paying damages to their injured employee. For instance, they may say:
- The employee was not at work at the time of the accident
- The employee was acting outside of their job duties
- The employee was under the influence of drugs or alcohol
- The employee injured themselves on purpose
- The employee’s medical records are not consistent with the injury they claim to have
- The employee did not take time off to recover from their injury
Note that even if an employer’s insurer denies a slip and fall claim, the employee may still have an opportunity to appeal.
Outcomes of Slip and Fall Cases
A slip and fall case is successful when the court rules in your favor and declares that your employer is at fault for the accident. If this happens, you may be able to get compensation for:
- Medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
In some instances, your attorney may be able to negotiate a fair settlement prior to taking your case to court. Any financial compensation received in a settlement can help you recover the same types of damages.
Contact a Personal Injury Attorney Today
With slip and falls and other personal injury claims, navigating the legal territory can be very challenging on your own. If you or a loved one were victims of a slip and fall accident on the job, contact De Castroverde Accident & Injury Lawyers to speak with a Las Vegas slip and fall attorney today.
Our experienced team will help protect your legal rights and fight to get you the compensation you deserve. To get started, contact us today for a free consultation.