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Tripping and falling on the job site is more serious than many people realize. And while workers may have the right to file for workers’ compensation, they may also be able to pursue a personal injury claim. To do so, they will need to prove liability.
If you were hurt in a New York trip and fall accident on a worksite, you will need seasoned legal counsel who is ready to make the strongest claim possible for the damages you deserve. Find out why so many clients trust the guidance of Dell & Dean PLLC.
The Differences Between Workers’ Comp and Personal Injury
Before pursuing a personal injury claim for a worksite trip and fall, you should understand the differences between that and workers’ comp. There are many, but some of the most important ones are:
- Liability: Unlike a workers’ comp claim, which requires no proof of fault, a personal injury plaintiff must prove there is an at-fault party who is liable for their injuries if they wish to win compensation.
- Defendants: While a workers’ comp claim is made against the victim’s employer, a personal injury lawsuit has named defendants that could include third parties like the property owner or a general contractor (someone other than the employer).
- Available compensation: Workers’ compensation typically covers medical bills, a portion of lost wages, and sometimes vocational rehabilitation. A broader range of compensation is available with personal injury claims and could include non-economic losses like pain and suffering.
- Timelines: Workers generally have only 30 days to file a workers’ comp claim, but in New York, the victim has three years from the date of injury to pursue a personal injury lawsuit.
Legal Criteria for Proving Fault in Personal Injury Cases
To prove a workplace trip and fall accident claim, you will need to demonstrate negligence. By doing so, you can hold the defendant liable for your injuries. More specifically you will need to show the following:
- Duty of care: This generally means that the at-fault party had a duty to avoid reasonably foreseeable harm that could injure the victim. Using the example of a property owner in a trip and fall, the owner has a duty to keep the premises free of tripping hazards.
- Breach: A breach occurs when, because of negligence or intentional wrongdoing, the at-fault party fails to uphold the duty of care. For instance, the owner of a worksite may have known there was an uneven or unsafe surface but failed to correct it or warn workers about it.
- Causation: Next, the injured worker must show that the at-fault party’s negligence directly caused their injuries. This can be more complicated if there is more than one potential at-fault party, so ask a New York personal injury attorney about it.
- Damages: Finally, the victim has to prove the nature and amount of their damages. As mentioned above, these are typically broader than a workers’ comp claim and could include medical expenses (including future ones), all lost wages, and pain and suffering.
Evidence You Will Need
Remember, unlike workers’ comp, you will have to prove fault to win a personal injury claim. And this requires that you present compelling evidence. It may include:
- Pictures and videos of the trip hazard: If you can, take pictures and record videos of the uneven or unsafe surface that caused your trip. Do the same for your actual injuries.
- Incident reports: You should report the accident in writing for purposes of workers’ compensation, then get a copy of this and all other reports about what happened for your personal injury claim.
- Worksite records: Other records concerning the worksite may also be relevant, especially if there were OSHA violations.
- Witness statements: Any witnesses to your accident can provide valuable, independent testimony, so get their names and contact information.
- Expert witness statements: Expert witnesses can testify about technical matters such as OSHA regulations related to trips and falls.
- Medical bills: Your medical bills will prove important due to the significant injuries that trip and fall victims often incur.
- Income records: To the extent your injuries prevent you from working, documents proving your income will be useful.
- Personal notes: Be sure you keep personal notes concerning your injuries, especially any pain and suffering you experience.
Your Next Step: Speak to a Dedicated Personal Injury Lawyer
Hiring a knowledgeable New York attorney who works with trip and fall victims is the best step you can take in proving liability. Get started today with Dell & Dean PLLC. You can schedule your free initial consultation with us now.
