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Workers’ Comp for Slip-and-Fall Accidents in California

 Posted on April 14, 2025 in Workers' Compensation

Santa Clara County, CA denied workers' comp claims lawyerSlip-and-fall accidents happen every day in the workplace. Sometimes, they amount to little more than a mild embarrassment. On less fortunate occasions, they can result in serious injury and require a workers’ compensation claim. While some jobs present a bigger risk for slipping and falling, it can happen almost anywhere. Consider the elements of these cases and how a California workers’ compensation attorney can help you.

Common Causes of Slip-and-Fall Accidents on the Job

Workers’ compensation benefits differ from personal injury claims in fault consideration. To claim compensation for a personal injury outside the workplace, you have to prove fault, but workers injured on the job can access workers’ compensation benefits, even if they were injured due to their own negligence. Therefore, nearly any type of fall at work could result in a workers’ compensation claim. 

Common examples include:

  • Tripping over uneven or damaged floors

  • Falling down stairs

  • Slipping on a wet surface due to spills or weather

  • Falling because of insufficient lighting in dangerous areas

  • Falling from a flooring or scaffold collapse

  • Losing balance on unsecured ladders or malfunctioning devices

How you are injured on the job is not as important as ensuring that you report the incident thoroughly and immediately to your employer.

Reasons You May Be Denied Workers’ Compensation After a Slip and Fall

The California Department of Industrial Relations has a Division of Workers’ Compensation that oversees workers’ compensation administration and is known to be favorable toward the worker. However, under certain circumstances, a claim can be denied. 

Workers’ compensation benefits may not be available if evidence suggests a worker was under the influence of drugs or alcohol, which is a safety protocol violation, at the time of the accident. Workers performing illegal actions or causing their injuries intentionally are also not covered. Additionally, if an injury occurs outside the workplace, workers’ compensation would not be the appropriate way to recover compensation. If someone else is at fault, that would likely be a personal injury claim. 

When To Contact An Attorney for a Workers’ Comp Case

You can always contact a workers’ compensation attorney for a free initial meeting if you have questions. However, some instances may require legal representation. For example, if your claim was unjustly denied or you did not receive your payment on time, you should act fast to protect yourself. 

Sometimes, employers will not act in your best interest in these situations. For example, if you feel like your boss is retaliating or discriminating against you because you filed a workers’ compensation claim, you should seek legal advice. Ultimately, any time a case can become more complicated, you will likely need counsel.

Contact a San Benito County, CA Workers’ Comp Attorney for a Free Consultation

If you accidentally slipped and fell at work, you should be able to recover compensation for your injuries and lost wages without much difficulty. However, at Cramer + Martinez, we understand that several factors can complicate these cases. Call 408-848-1113 to schedule a free consultation with an experienced Santa Clara County, CA workers’ compensation lawyer today.

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