Every company has a legal responsibility to provide a safe working environment for its employees. This means they need to address obvious hazards, follow safety protocols, and ensure the workplace doesn’t put people at unnecessary risk.
If a wet floor wasn’t marked with a sign or a broken stair wasn’t repaired for weeks, it could legally count as negligence. And if that negligence caused your fall, the company might be held responsible.
But before you jump to a lawsuit, there’s a system already in place for most workplace injuries that stipulates how workers can get compensation for workplace fall-related accidents.
Workers’ Compensation
In most states, employers are required to carry workers’ compensation insurance. This is a no-fault system that pays for things like your medical bills, a portion of your lost wages, and sometimes ongoing care if you’re seriously hurt.
However, in exchange for these benefits, you usually give up the right to sue your employer.
So, if workers’ comp covers your injury, you probably won’t be able to take your boss or the company to court, even if the accident was their fault. That’s how the system is designed. But there are exceptions.
When You Can Sue the Company
There are certain situations where a lawsuit may still be an option, even if workers’ compensation applies. These situations usually involve some form of extreme misconduct, like:
- Your employer intentionally caused your injury (this is rare, but it happens).
- Your employer doesn’t have workers’ comp insurance (which is illegal in many states but not unheard of).
If your case falls into one of these categories, you might be able to file a personal injury lawsuit. This type of lawsuit could help you recover damages that workers’ comp doesn’t fully cover, like pain and suffering or 100% of your lost wages.
Why You Usually Can’t Sue Your Boss Personally
Even if you’re furious at your boss for ignoring repeated complaints about a safety hazard, the law doesn’t typically allow you to sue them as an individual.
Your boss is typically viewed as acting on behalf of the company, so the legal responsibility falls on the business itself, not the individual in charge.
The only time a boss might be personally liable is if they intentionally hurt you or committed fraud. Again, that’s not common, but it’s not impossible either.
How a Lawyer Can Help You Figure This Out
The moment a workplace injury occurs, the legal landscape becomes complex. Workers’ comp has its deadlines, forms, and requirements. Figuring out whether you also have a valid lawsuit on top of that can be overwhelming.
That’s why talking to a lawyer is one of the smartest steps you can take. They can:
- Tell you if your situation qualifies for more than just workers’ comp.
- Help you file a claim correctly and on time.
- Investigate whether someone else (like a subcontractor or equipment manufacturer) might also be legally responsible for what happened.
A reasonable attorney will look at everything surrounding it to find out what kind of compensation you should get.
Conclusion
If you slip and fall at work, your first step should always be to report the incident and seek medical attention. From there, you need to understand what you’re entitled to—whether that’s through workers’ comp, a lawsuit, or both.
Most of the time, workers’ compensation will be your primary path to getting financial help. But if your company cut corners or ignored a serious risk, you might have more options. In any case, don’t guess. Talk to a professional who knows how to navigate the system and make sure you don’t miss a chance to protect yourself.
