My employer is saying it is my fault for the injury I faced at work. How do I fight this claim and obtain Workers Compensation?

Question: I slipped and fell at work while delivering the mail (I’m an interoffice mail carrier.) I hurt my back as a result. My supervisor thinks I might be responsible for my own accident sine I was wearing very high heels and talking on my cell phone and not paying attention and didn’t see the wet floor sign. Can I still get worker’s comp benefits do you think?

Response: In most cases, you will be able to recover worker’s compensation benefits for an injury like the one you described. Workers compensation is a no fault system, which means that it does not matter if you or your employer was negligent. Instead, the pertinent question is whether the injury arose out of and in the course of employment. In other words, did the injury occur because you were doing your job? Since you were delivering mail, which requires you to walk from office to office on the wet floor, the injury probably occurred out of and in the course of employment. However, you should talk to an experienced worker’s compensation attorney who can better evaluate your situation and the merits of your claim. If possible, you should speak to a worker’s compensation attorney before filing your claim with your employer in order to minimize the possibility of denial. 

Answered by Christy Rakoczy

Additional Resources:

• Injured Workers Rights
• Slip and Fall Accident at Work

Disclaimer: This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.