According to the Bureau of Labor Statistics, the incidents of slip and fall accidents on construction sites went up 10 percent between 2013 and 2014.
Filing a slip and fall personal injury lawsuit is not quite as simple as putting in the paperwork and waiting for the check to arrive in the mail. Before you file a lawsuit, there are several things to consider that could impact your decision to go forward with your action. The construction company you work for, the job you were working on, and the job you were doing could all impact your slip and fall lawsuit.
Dealing With The Insurance Companies
If you are injured in a slip and fall accident, your employer will have their insurance company get involved and contact you for a settlement. The job of the insurance company is to get you to agree to the lowest settlement possible, which does not appear to be in your best interests. But, the settlement you are offered could be a better option than pursuing a lengthy and expensive lawsuit.
What Is A Slip And Fall Injury?
A slip and fall injury is any injury sustained when a person encounters unsafe working conditions and falls, trips or stumbles to the point of injury. Some of the conditions that can cause a slip and fall injury include an unstable walking surface, spilled liquids, the accumulation of ice and impediments that are not easily seen. Many of these conditions are common on a construction site, but that does not diminish their ability to cause a painful accident.
It is up to your company to provide the training, equipment and safe work-site necessary to prevent slip and fall accidents. If the company is liable for your fall, then you need to pursue compensation.
Should You File A Lawsuit?
Anyone who gets an injury on a construction site from a fall should consult an attorney before accepting any settlement from an insurance company. But it may surprise you to know that not every situation is ideal for filing a lawsuit to get more compensation.
There are plenty of reasons that lawyers might recommend against filing a lawsuit. If you need compensation for your injuries immediately and your attorney feels the insurance company’s offer is reasonable, then you may wind up taking that settlement. Lawsuits take a very long time and can cost a lot of money. By the time it is over and all of the fees have been taken out of your award, you may have received more compensation if you had just taken the settlement the insurance company originally offered.
However, if the insurance company is not offering a reasonable settlement, then your attorney may recommend a lawsuit. In some situations, the compensation derived from an injury from a fall could be considerably more than what the insurance company is trying to get you to settle on.
Prevent Further Injuries By Filing A Lawsuit
Another reason that you may be advised to file a lawsuit is to make sure that no one else gets hurt in the future. A negligent construction company can continue to force workers to work in unsafe conditions if they are not sued for the damages they have created. You can help to prevent injury to others by suing for the injuries you sustained in a fall.
A good personal injury attorney will have to consider the pros and cons of filing a suit before they make a final recommendation. A slip and fall accident can result in a personal injury lawsuit, sometimes it may not, but it is always wise to seek legal help before proceeding based on your employers recommendations.