A slip and fall in the workplace can drastically change your life in an instant. While most falls cause minor injuries, some can lead to severe consequences, such as traumatic brain injuries (TBIs). A TBI can result in long-term or even permanent disabilities, affecting cognitive abilities, memories, speech, and overall quality of life. If you have suffered a traumatic brain injury after slipping and falling while at work in Kansas or Missouri, you may be wondering what legal rights or options you have. Are you limited to filing a workers’ compensation claim, or can you also file a personal injury claim? While in most cases, your only option after suffering a work-related injury is filing a workers’ compensation claim, there are situations where you may also be eligible to pursue a personal injury claim. Read on to learn more.
How Do Workplace Falls Cause Traumatic Brain Injuries?
According to the CDC, falls are the leading cause of TBIs. In a workplace environment, falls can occur due to various reasons, including;
- Wet or slippery floors
- Poor lighting
- Uneven surfaces
- Cluttered walkways
- Insufficient safety equipment
When you slip and fall at work and your head hits the ground, the impact can cause your brain to move within the skull, resulting in bruising, bleeding, swelling, or damage to brain tissue. Even if you do not suffer a direct blow to the head, the sudden and forceful movement of the body during a slip and fall can cause your brain to move rapidly within the skull, leading to the brain colliding with the inner surface of the skull, resulting in a concussion or another TBI.
Can You File a Personal Injury Lawsuit for a Job-Related TBI?
Generally, throughout the United States of America, work-related injuries, including TBIs, are handled through workers’ compensation. The workers’ compensation system provides benefits to employees without requiring them to prove fault on the part of the employer. Additionally, an employee can recover benefits even if they also contributed to the accident. However, workers’ compensation benefits are limited. Typically, these benefits cover reasonable medical expenses, a portion of lost wages, and disability benefits. Workers’ compensation does not provide compensation for non-economic damages such as pain and suffering.
Fortunately, in both Kansas and Missouri, certain scenarios may qualify you to file a personal injury claim on top of a workers’ compensation claim and seek additional compensation. If a third party, other than your employer, contributed to your slip and fall accident, you may have the right to pursue compensation through a personal injury claim in addition to seeking workers’ compensation benefits. This could be a property owner, equipment manufacturer or distributor, maintenance company, or a contractor. For example, if you suffered an injury due to a defective ladder, you can file a personal injury lawsuit against the manufacturer or distributor of the ladder. However, unlike with a workers’ compensation claim, you must prove fault or negligence in a personal injury claim.
A personal injury claim can allow you to recover a broader range of compensation, including damages for;
- Full lost income
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
Contact Us for Legal Help
If you have suffered a TBI from a workplace fall, you may be entitled to file a personal injury claim. Our experienced brain injury counsel at Griggs Injury Law can assess your case and help you determine if you are allowed to pursue a personal injury claim.
