Nobody can predict a workplace slip and fall. It is possible to be on the job one minute and then on the ground in severe pain the next. If you've had a slip and fall at work and want to file a compensation or negligence claim, you need to understand your rights and ensure you get everything you're entitled to.
Workers Compensation Law in New South Wales compels companies to acquire insurance to reimburse employees for accidents occurring during ordinary work activities. Workers compensation is based on a 'no-fault' scheme meant to compensate injured workers under all circumstances unless the injuries arise from willful misconduct.
On the other hand, an employee who is hurt as a result of the employer's negligence may be able to claim compensation for the injuries. Workplace injury claims may involve compensation for past and future economic loss.
It is important to note that a successful work injury damages settlement will result in the termination of any worker's compensation benefits linked with that injury. If a work injury damages claim is denied, the worker can still obtain workers compensation (so long as they meet the requirements).
Below are four crucial steps to take following a slip and fall at work.
Visit the Doctor
First and foremost, you should seek medical attention. Doing so is crucial for your safety and determining evidence in your case. A doctor can determine if you've been injured and create a record.
Don't let pride or embarrassment stand in the way. You should go to the doctor as soon as possible if you think you've been injured.
Gather Information
If you've had a slip & fall at work, you'll want to gather as much information about the incident immediately. You may require a coworker or friend to return to your workplace to gather evidence if you're too injured.
Finding out what caused your fall will give your lawyers a better idea of a company's negligence and what they could have done differently to protect you.
Elements to take note of include:
- Date and time
- Location
- Description of the scene (lighting, weather, objects)
- Cameras and witnesses
A picture tells a thousand words. If possible, document everything in and around the scene.
File a Report
Tell your employer of your injury right away. Your employer must notify their insurer within 48 hours.
Serious injuries and dangerous incidents must be reported to SafeWork NSW. Penalties apply to employers who don't register such incidents. What's collected in the register of injuries include:
- the name of the injured worker
- the worker's address
- the worker's age at the time of injury
- the worker's occupation at the time of injury
- the industry in which the worker was engaged at the time of injury
- the time and date of injury
- the nature of the injury
- the cause of the injury
Call Taylor & Scott Lawyers
Slip, trip, and fall cases are complex. When considering legal action, you'll want an experienced team of personal injury lawyers with a record of winning complex cases in NSW.
We carefully review each injury claim to determine if a lump-sum payment can be provided for any permanent injury suffered by the injured worker.
Work injury damages claims are all about financial loss. In a work injury damages claim, an award is made for the financial loss suffered by the injured worker, both past, present and future losses.
Advice and support when you need it
Taylor & Scott’s workers compensation lawyers are well-known for the great outcomes they achieve for clients making workers compensation claims. We offer a ‘no win, no fee’ guarantee.
Get the support you need by calling 1800 600 664 or enquire online.
