If you slipped and fell while working on property someone else owns, you may have more than one path to compensation. This could include workers’ compensation or a personal injury lawsuit, depending on the specifics, like whether you were working or a guest and who was responsible for the property. Conditions that commonly lead to falls and compensation claims include:
- Wet or slippery floors
- Broken stairs
- Poor lighting
- Uneven walking surfaces
- Debris or construction hazards
For a customer or a guest, the owner has a duty to keep the property reasonably safe. For someone who was hired to work on the property, the analysis changes. In that situation, workers’ compensation, third-party liability, and a specific set of California rules about hired contractors all come into play. Contact our slip and fall attorney in Los Angeles if you suffered an injury slipping on someone else’s property.
Does Workers’ Compensation Cover a Slip and Fall at Work?
Generally, yes, if you are an employee who was injured while doing your job. Workers’ compensation may provide benefits regardless of who caused the accident; you don’t have to prove your employer or anyone else was negligent. Benefits may include:
- Medical treatment for the injury
- Temporary disability payments while you’re unable to work
- Permanent disability benefits if the injury has lasting effects
Workers’ compensation won’t pay for everything the fall costs you, though. For example, you can’t recover pain and suffering, and disability payments replace only a portion of lost wages. When someone other than your employer is responsible for the accident, even if you were working at the time, you may have a third-party liability claim.
What If You Were Hired to Work on the Property By The Owner?
California has a special set of rules for people who are injured while doing work they were hired to perform. Under what’s known as the Privette doctrine, when a property owner hires an independent contractor, the owner generally delegates responsibility for workplace safety to that contractor.
The presumption is that the contractor, not the property owner, is in the best position to identify and manage the hazards of the job. In practical terms, this means that if you’re an employee of a contractor and you’re injured on the job, you usually can’t sue the property owner who hired your employer. Your remedy is workers’ compensation through your employer. California courts have recognized important exceptions that can make the property owner liable despite the Privette doctrine:
- Retained control: If the owner kept control over how the work was done and exercised that control in a way that contributed to your injury, for example, by directing you to use an unsafe method or interfering with your employer’s safety measures, the owner can be held liable.
- Concealed hazards: If the owner knew or should have known about a concealed, preexisting dangerous condition on the property, the contractor didn’t know about it and couldn’t reasonably discover it, and the owner failed to warn the contractor, the owner may be responsible for resulting injuries.
Whether a hazard was truly “concealed,” or whether the owner’s involvement rose to the level of retained control, often depends on details like what the owner said before the job started, what a reasonable inspection would have revealed, and who was directing the work on the day of the accident.
How Workers’ Comp and a Third-Party Claim Work Together
You don’t have to choose between the two claims. You can receive workers’ compensation benefits and pursue a third-party claim against the property owner or other responsible party at the same time. However, your employer or its insurance carrier typically has a right of reimbursement against your third-party recovery for benefits already paid. A Los Angeles workplace accident attorney may be able to negotiate the lien, which can affect how much of a settlement you ultimately keep.
Deadlines to Keep in Mind
In California, a personal injury lawsuit generally must be filed within two years of the date of the injury. Claims against a government entity, for example, if the fall happened on public property, require a written claim within six months. Workers’ compensation has its own deadlines, including notifying your employer of the injury within 30 days and filing a claim within one year. Missing a deadline can bar your recovery entirely, so it’s important to act promptly.
Talk to a Lawyer About Your Options
Cases involving a fall on someone else’s property while working can be complicated because there is an intersection of workers’ compensation and personal injury law. An experienced attorney can evaluate whether a third-party claim exists alongside your workers’ comp benefits and help you pursue the full compensation available. Reach out to our team today to schedule a free consultation.