Slipped at Work? Workers’ Comp vs. Personal Injury Claims in Kentucky

A workplace slip and fall in Kentucky can leave you with medical bills, missed paychecks, and many questions. One common question people ask after such an accident is: Can you sue your employer?

The short answer is that you usually cannot sue your employer after a workplace slip-and-fall accident. But you may still have options. Indeed, Kentucky’s workers’compensation system covers most on-the-job injuries. However, in some situations, a separate personal injury claim against someone other than your employer is also possible.

Why Can’t I Usually Sue My Employer After a Fall?

Kentucky employers with at least one employee must carry workers’ compensation insurance. Under Chapter 342 of the Kentucky Revised Statutes, injured employees are automatically entitled to benefits whether or not anyone was at fault. In return, these benefits are generally the exclusive remedy against the employer, meaning an employee is barred from pursuing a lawsuit.

There is one important exception. If your employer failed to secure coverage as the law requires, you may claim workers’ compensation through the state’s Uninsured Employer’s Fund and also file a lawsuit.

When Can I File a Personal Injury Claim for a Workplace Slip and Fall in Kentucky?

If someone other than your employer caused the hazard that led to your slip and fall, you may have a third-party claim. Examples include;

• An outside cleaning contractor who left a wet floor unmarked
• A property management company that ignored a leaking roof, or
• A building owner who never repaired a broken stair.

Kentucky law, KRS 342.700, allows an injured worker to seek compensation from a negligent third party. These claims can seek damages that workers’ compensation does not provide, such as pain and suffering. You cannot collect twice for the same losses, though, and the workers’ compensation insurer may seek repayment from your recovery. Additionally, you must notify your employer when you file a lawsuit.

Proving a third-party claim usually means showing the individual or entity owed you a duty to keep the area safe, failed to do so, and that the failure caused your injury.

What Should I Do After Slipping and Falling at Work?

After a slip and fall accident at work, here are some crucial steps to take to protect yourself:

• Report the fall to your supervisor right away, in writing if possible.
• Get prompt medical care and follow your treatment plan.
• Photograph the hazard and collect witness names and contact information.
• File your workers’ compensation claim without delay.
• Ask an attorney about possible third-party claims and the applicable deadlines.

A slip and fall at work doesn’t mean you don’t have legal options. Workers’ comp provides a reliable safety net, but if someone else’s carelessness caused your fall, you may be able to pursue additional compensation.

Contact Us for Legal Help

If you were hurt in a workplace slip and fall, our skilled London & Southeast Kentucky slip & fall lawyers at Cessna & George Law Firm can review what happened, explain your rights, and determine whether a third party should be held responsible. Contact us today to discuss your case.

Source:

apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38914