Can I File A Claim If My Slip And Fall Happened At Work?

Summary

If you suffered a slip and fall at work in California, you may qualify for workers’ compensation and, in some cases, a personal injury claim. Learn when legal action is possible, the types of compensation available, and how a California personal injury lawyer can help you pursue the justice you deserve.

Table of Contents

California Personal Injury Lawyer, Workers' Compensation

You’re walking through the breakroom when suddenly—your feet slide out from under you. A wet floor, no warning sign, and now you’re in pain. Workplace slip and fall accidents are alarmingly common across California. 

But what happens next? Can you file claims or sue? Do you only rely on workers’ comp? This article explains your options under California personal injury law, and how a trusted California personal injury lawyer can help—especially when a hazardous condition is involved.

Slip and Fall Accidents Are Common at Work

According to the U.S. Bureau of Labor Statistics, slip-and-fall accidents are among the top causes of workplace injuries. These incidents happen in nearly every industry, from construction to healthcare and office settings.

Many of these injuries could be prevented if employers upheld their duty of care to maintain safe conditions. If they fail, they may be liable under premises liability laws.

Common hazards in the workplace:

  • Wet or uneven floors
  • Poor lighting
  • Unmarked spills or cluttered walkways
  • Unsafe stairs or railings

Such dangers increase risks for employees and visitors, including those involved in pedestrian accidents on business properties.

Workers’ Compensation Is Your First Step

If you’re injured at work, workers’ compensation usually covers basic recovery, regardless of who was at fault. It includes:

  • Emergency medical treatment
  • Lost wages (partial)
  • Rehabilitation and therapy
  • Coordination with medical providers

However, this system doesn’t compensate for pain and suffering nor allow claims against third parties or grossly negligent employers.

When Can You File a Personal Injury Claim?

A personal injury claim may be available if your slip and fall was caused by someone other than your employer or by egregious neglect. In such cases, the injured person may pursue additional compensation under premises liability law.

You might be able to file claims if:

  • A contractor or vendor created the hazard
  • The property owner failed to correct known dangers
  • Defective flooring or lighting caused the fall
  • Your employer acted recklessly (e.g., ignored repeated reports of slippery floors)

In these cases, a slip and fall lawyer will investigate whether a third party is responsible and help protect your claim from being minimized by an insurance adjuster.

What Can You Recover in a Slip and Fall Claim or Lawsuit?

If a personal injury claim is allowed, you may be eligible for broader damages than workers’ comp offers.

Type of Compensation

Workers’ Comp

Personal Injury Lawsuit

Medical Expenses

✅ Yes

✅ Yes

Lost Wages

✅ Partial

✅ Full

Pain & Suffering

❌ No

✅ Yes

Punitive Damages

❌ No

✅ Yes (if gross negligence)

Emotional Distress

❌ No

✅ Yes

Every case is unique. Speaking with our slip and fall lawyer ensures you aren’t settling for less than you deserve.

Important Legal Deadlines and Requirements

Filing Deadlines

Understanding California’s statute of limitations is crucial for protecting your rights:

  • Workers’ Compensation Claims: You have one year from the date of injury to file a workers’ compensation claim.
  • Personal Injury Claims: You have two years from the date of injury to file a personal injury lawsuit against third parties.
  • Government Entity Claims: If a government entity is involved, you must file an administrative claim within six months of the injury. If the claim is rejected, you have six months from the rejection date to file a lawsuit in court.

Statute of Limitations Tolling

In certain circumstances, the statute of limitations can be “tolled” (paused), including:

  • When the defendant is out of state.
  • During an ongoing workers’ compensation claim for the same injury
  • If the injured person is a minor or legally incapacitated

Recent Legal Changes (2025)

Several critical legal developments affect workplace injury cases. One notable change for personal injury claims is that the increased auto insurance minimums under Senate Bill 1107, effective January 1, 2025, provide greater financial resources for accident victims.

Why Legal Help Matters

Navigating legal claims—especially with overlapping workers’ comp and personal injury law—is complicated. Our award-winning personal injury attorneys can:

  • Gather evidence from the accident scene
  • Review your employer’s safety protocols
  • Connect you to appropriate medical providers
  • Ensure head trauma or long-term injuries are properly valued
  • Meet California’s statute of limitations to preserve your case

At Farahi Law Firm in Hawthorne, we handle even the most complex slip and fall accident cases with care and dedication.

Common Questions About Slip and Fall Claims

In most cases, your only remedy against your employer is through workers’ compensation. However, you may file a personal injury claim if a third party (e.g., contractor, vendor, or property owner) caused the hazardous condition that led to your slip and fall.

Under the statute of limitations in California, most injured individuals have two years from the date of the accident to file a lawsuit. Waiting too long can prevent you from receiving the compensation you deserve.

Report the incident, document the accident scene, and seek medical treatment immediately. Then, speak with our California personal injury lawyer to explore all your legal options and protect your rights.

Know Your Rights, Act Fast

If your slip and fall happened at work, don’t assume workers’ comp is your only option. Depending on the circumstances, you could pursue a personal injury claim to recover full compensation—especially if the fall involved third-party negligence or a failure to maintain safe conditions.

If you recover from a third party, your workers’ compensation carrier may have subrogation rights, and the interaction between these claims can be complex. Professional legal guidance is essential to maximize your total recovery while properly handling all legal requirements.

Let our Hawthorne legal team help you understand your legal options and protect your recovery. Due to California’s various statute of limitations requirements, time is limited, so don’t wait.

We offer free consultations available 24/7. Get the medical treatment you need and the money you deserve today.

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