Can I File a Palm Beach Gardens Slip-and-Fall Lawsuit as an Employee?

If you were injured as an employee in Palm Beach Gardens, you might wonder whether a slip-and-fall lawsuit is possible. Perhaps you have heard that only workers’ compensation claims are possible in this scenario. But is this really true? This is a conversation you might want to have with an experienced slip-and-fall attorney in Palm Beach Gardens.

When a Workers’ Comp Claim Is the Only Option

A workers’ compensation claim may be the only option if your direct employer was responsible for the conditions that caused your slip and fall. For example, you might have been working as a grocery store employee when you slipped and fell on a puddle of spilled milk. In this situation, your direct employee (the grocery store) allowed the hazard to exist, so a workers’ comp claim is the only option.

Although workers’ comp provides financial support, it does not cover non-economic (psychological) damages. As a result, you cannot pursue compensation for things like depression, post-traumatic stress disorder, anxiety, humiliation, loss of enjoyment of life, and emotional distress after a slip-and-fall of this nature.

When a Slip-and-Fall Claim Might Be Possible

A slip-and-fall claim might be possible if your injury was not caused by your direct employer. For example, you might have been delivering a shipment of cheese at the back of a grocery store. If you slipped on an oil spill while walking up a ramp at the loading bay, you could potentially sue the grocery store. This is because your direct employer is the delivery company, not the grocery store.

Situations like these open up the doorway to non-economic damages, allowing you to recover compensation for every aspect of your injuries. A personal injury lawsuit also provides more compensation for lost wages, allowing you to recover without having to experience significant income loss.

A personal injury lawsuit may also be possible if your direct employer engages in gross negligence. Sometimes, the conduct of an employer is so egregiously unsafe that it goes beyond the normal protections offered by workers’ compensation. If you can establish that your employer engaged in gross or reckless negligence, you may be able to step outside the limitations of workers’ comp’s “no-fault” system.

You Can File Both Types of Claims 

If you’re not sure whether you can file a workers’ comp or slip-and-fall claim, you could always attempt to file both types of claims. With this approach, you can maximize your potential compensation and give yourself the best possible chance of success in both areas.

Can a Palm Beach Gardens Slip-and-Fall Lawyer Help Me?

A lawsuit may be possible even if you were working as an employee at the time of your slip and fall in Palm Beach Gardens. While workers’ comp claims can provide some degree of financial security, they offer significantly less compensation than personal injury lawsuits. Continue this conversation with Steinberg Law today.

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