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Slips, Trips, and Falls at Work: Filing a Work Injury Claim in San Antonio

Published by Carabin Shaw – San Antonio Personal Injury Lawyers

Slips, Trips, and Falls at Work: When Can You File a Work Injury Claim?

A slip, trip, or fall at work can happen in seconds and leave a worker with life-altering injuries. In San Antonio, slip and fall work injuries are among the most common reasons employees end up in emergency rooms and file workers’ compensation claims. A wet floor in a hospital corridor, an unmarked step in a warehouse, an oily surface in a commercial kitchen — any of these hazards can knock a worker down hard enough to cause broken bones, spinal injuries, or traumatic brain damage. If you were injured in a fall at work in San Antonio, knowing your rights and acting quickly is essential.

The Bureau of Labor Statistics reports that falls, slips, and trips cause hundreds of thousands of workplace injuries every year in the U.S. and are a leading source of occupational fatalities, particularly in construction. In Texas, these injuries affect workers in every sector — from retail clerks who fall on freshly mopped floors to roofers who lose their footing on sloped surfaces. Work injury lawyers in San Antonio handle slip-and-fall cases regularly and understand both the medical realities and the legal hurdles these cases present.

One of the most important things to understand about a slip, trip, or fall at work in San Antonio is that your legal options depend on your employer’s workers’ comp status. If your employer carries Texas workers’ compensation insurance, your primary avenue for benefits will be the workers’ comp system. If your employer is a non-subscriber — meaning they opted out of workers’ comp coverage — you may have the right to sue for all your damages in a personal injury lawsuit. A San Antonio work injury attorney can determine your employer’s status and walk you through your options after a fall on the job.

Common Causes of Workplace Slip and Fall Accidents

Wet and Slippery Floors

Spilled liquids, recently mopped floors, ice, grease, and condensation create slippery surfaces that can send workers down without warning. Employers are required to address these hazards promptly and post warnings when wet floors exist. Failure to do so may constitute negligence, especially for non-subscriber employers.

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Cluttered or Obstructed Walkways

Boxes, extension cords, hoses, tools, and other items left in traffic areas create trip hazards. In warehouses and manufacturing plants, poor housekeeping is a major contributor to workplace trip and fall accidents.

Uneven or Damaged Flooring

Broken pavement, damaged floor tiles, uneven transitions between floor surfaces, and deteriorating walkway conditions are common culprits in both indoor and outdoor fall accidents at work. Construction sites are particularly prone to uneven ground conditions.

Inadequate Lighting

Poor lighting in stairwells, parking lots, storage areas, and work areas prevents employees from seeing hazards in time to avoid them. OSHA standards require adequate illumination for work areas, and employers who fail to maintain proper lighting may be found negligent.

Stairs, Ramps, and Elevated Areas

Falls on stairs account for a significant portion of workplace fall injuries. Missing or defective handrails, broken stair treads, steep ramp angles, and unmarked elevation changes all create hazardous conditions. OSHA’s walking-working surfaces standards address many of these hazards directly.

Outdoor Hazards

Rain, mud, uneven pavement, drainage grates, and curbs all create fall risks for workers who move between buildings or work outdoors in San Antonio. Parking lots and loading docks are frequent sites of serious outdoor workplace falls.

Injuries Caused by Slips, Trips, and Falls at Work

Fractures and Broken Bones

Hip fractures, wrist fractures (from attempting to catch a fall), ankle fractures, and rib fractures are common results of workplace falls. For older workers, hip fractures can be catastrophic, sometimes requiring joint replacement surgery and extended rehabilitation.

Spinal Injuries

Falls can compress, fracture, or dislocate vertebrae and herniate spinal discs. A fall that lands a worker on their tailbone or back can damage the lumbar, thoracic, or cervical spine, leading to chronic pain, nerve damage, or in severe cases, paralysis.

Head and Brain Injuries

When a worker’s head strikes the floor, a wall, or equipment during a fall, traumatic brain injury (TBI) can result. Symptoms of TBI — headaches, cognitive difficulties, mood changes, and memory problems — may not be immediately apparent. Any fall involving head impact should be evaluated by a physician promptly.

Shoulder Injuries

Workers who reach out to break a fall commonly injure their shoulder — tearing the rotator cuff, dislocating the joint, or fracturing the clavicle. Shoulder repairs often require surgery and lengthy physical therapy.

Soft Tissue Injuries

Sprains, strains, and torn ligaments in the knees, ankles, and wrists result from the sudden twisting forces a fall puts on joints. While sometimes dismissed as minor, severe sprains and ligament tears may require surgical intervention and prolonged recovery.

When Can You File a Work Injury Claim After a Fall?

Workers’ Compensation Claims

If your employer subscribes to Texas workers’ comp, you should file a claim through that system. Report the injury to your employer immediately — Texas law gives you 30 days to report, but prompt reporting strengthens your claim. Workers’ comp covers medical treatment costs and provides income benefits for time missed from work, regardless of who was at fault for the hazard that caused your fall.

Non-Subscriber Employer Lawsuits

If your employer does not carry workers’ comp, you can file a personal injury lawsuit directly against them. In a non-subscriber lawsuit, you can seek full lost wages, all medical expenses, pain and suffering, and other damages. Non-subscriber employers cannot claim that your own negligence was a contributing cause — a significant advantage for injured workers. This is one of the most important distinctions that work injury attorneys in San Antonio help clients understand.

Third-Party Liability

If a party other than your employer contributed to the hazardous conditions that caused your fall — a building owner, property manager, general contractor, or equipment manufacturer — you may be able to file a third-party claim in addition to your workers’ comp claim. Third-party claims allow for recovery of damages not available through workers’ comp alone.

Preserving Evidence After a Workplace Fall

Document the scene of your fall as soon as possible. Photograph the hazard that caused the fall, the surrounding area, and your injuries. Get names of witnesses. Request that your employer file an incident report and ask for a copy. If surveillance footage of the fall exists, your attorney can send a preservation letter to prevent the footage from being deleted.

Slipping, tripping, or falling at work can set off a chain of medical and financial challenges that last for months or years. Workers in San Antonio who are injured in workplace falls should not navigate the workers’ comp system alone. Speaking with a knowledgeable work injury lawyer can ensure that you receive the full benefits and compensation your injuries deserve.


Workers Compensation

Beyond a Workers Compensation Claim

The New Jersey Workers Compensation Act establishes a relatively swift procedure for injured workers to receive insurance benefits to cover their medical expenses and lost wages. The downside of the workers compensation system is that it generally bars you from pursuing a personal injury lawsuit against your employer when the employer’s negligence caused your injuries. But there is an exception.

Intentional tort exception

Under New Jersey law, you can pursue a personal injury suit against your employer after a job-related injury if you can establish that your employer committed an intentional wrong. The New Jersey Supreme Court established a two-part test to determine when an intentional wrong can to trigger the exception. You must show that:

Your injury resulted from the employer’s action.
The employer knew with substantial certainty that the action would cause injury or death.
This is a high hurdle for most injured workers. Clearly, the New Jersey Supreme Court’s decision discourages work-related disability claims from being pursued outside the workers comp process.

If you’ve suffered a workplace injury, contact an experienced New Jersey workers compensation lawyer for assistance with your claim.

Workers Compensation

Do Workers Compensation Benefits Cover Preexisting Conditions?

Recent reports indicate that as many as half of Americans younger than 65 suffer from a preexisting condition that insurance companies cite to either deny or limit health benefits. Indeed, some workers compensation carriers have a pattern of denying claims on the ground that the injured worker suffers a preexisting problem. Injured workers should not accept such denials. While prior health conditions can complicate your claim for benefits, they do not necessarily prevent coverage.

A workers compensation preexisting injury is different

The meaning of “preexisting” under New Jersey workers compensation law is quite different than in other insurance contexts. Typically, preexisting means something that existed before the event at issue. For example, if you suffered back pain prior to a work-related accident in which you injured your back, then your medical insurance might preclude you from receiving full medical benefits. For purposes of a workers compensation claim, however, preexisting conditions are those in which a new work injury aggravates a prior work injury involving the same body part or parts.

Preexisting work injury condition aggravated by the current injury

If your new injury aggravates an injury from a previous work place accident, then your benefits can be reduced slightly to account for the prior claim. Your employer should pay for your medical treatment related to this new work-related injury and for temporary disability benefits if you are unable to work.

Preexisting condition unrelated to prior work injury

Some preexisting conditions stem from people’s natural aging processes or a prior injury unrelated to work. If your current work injury aggravates a non-job-related preexisting condition, workers compensation may still cover you to the extent that your worsened condition can be attributed to the new work-related injury.

Preexisting condition unaffected by current work injury

If your current work injury does not affect your preexisting condition, then it should have little or no impact on your claim for benefits. Your private insurance should continue coverage for your treatment of your preexisting condition, and your employer should cover your medical bills related to your work injury.

A New Jersey workers compensation attorney can help you determine whether you should complete a claim for an aggravated condition or a new workers compensation claim.