Can I Sue My Employer for a Slip and Fall at Work?

May 20, 2025 @ 8:43 am

A slip and fall at work can turn your day upside down in seconds. A slick floor, an uneven surface or a cluttered walkway can leave you hurt, overwhelmed and wondering what to do next. One of the most common questions people have after this kind of incident is whether they can sue their employer. While workers’ compensation usually covers workplace accidents, some situations may allow for a lawsuit—or even make one necessary. Understanding your options is the first step toward protecting your health, your finances and your future.

First Things First—Report the Incident and Get Medical Help

Immediately after a slip and fall at work, your first priority should be your health and documentation. Even if the injury seems minor at first, you should report the incident to your supervisor or human resources department right away. Many workplaces have specific procedures for handling on-the-job injuries, and timely reporting helps protect both your rights and your potential claim.

You also need to seek medical attention as soon as possible. Some injuries—concussions or soft tissue damage, for example—may not display immediate symptoms but can worsen significantly over time. Seeing a doctor not only ensures you get the treatment you need but also creates an official medical record that links your injuries directly to the workplace incident.

Failing to report the accident promptly or delaying medical treatment can raise red flags later, both for filing a workers’ compensation claim or pursuing further legal action. Taking these first steps quickly helps create a clear timeline and strengthens any future case you may need to make.

Workers’ Compensation Is Usually the First Step 

In most cases, employees who are injured in a slip and fall at work are covered by their employer’s workers’ compensation insurance. This system is designed to provide benefits quickly and without the need to prove that anyone was at fault. It typically covers medical expenses and a portion of your lost wages while you recover. In some cases, it may provide compensation for long-term disability or permanent injury.

While workers’ comp can be a lifeline after a workplace injury, it also comes with limits. One major trade off is that employees usually cannot sue their employer if they are receiving workers’ compensation benefits, even if they believe the employer’s negligence caused the accident. This is known as the exclusive remedy rule, and it is a central feature of most state workers’ comp laws.

Still, there are situations where workers’ comp may not apply or may not be enough. If your claim is denied, your injuries are severe or you suspect that someone other than your employer played a role in the accident, you may need to explore additional legal options.

When Can You Sue Your Employer?

Although most slip and fall injuries at work in Louisiana are addressed through workers’ compensation, you may have the right to file a lawsuit against your employer or another party in certain situations. These are the exceptions to Louisiana’s exclusive remedy rule, which normally prevents you from suing your employer if you’re receiving workers’ comp benefits.

• Intentional Acts by the Employer. Under Louisiana law, if your injury was caused by an intentional act on the part of your employer or a co-worker, you may have grounds for a lawsuit. This is a narrow exception because it does not apply to negligence or carelessness. The incident must involve deliberate harm or actions that make serious injury virtually certain. For example, if a supervisor knowingly sends you into a hazardous area without warning of the risks, that could rise to the level of intent.
• Third-Party Liability. If your fall was caused by someone other than your employer or a fellow employee, you may be able to file a personal injury claim against that party. Common examples include a building owner, maintenance contractor or equipment supplier. For instance, if a cleaning company left a floor dangerously wet without displaying warning signage and you slipped, that company, not your employer, might be held liable.
• Lack of Workers’ Comp Insurance. Employers in Louisiana are required to carry workers’ compensation insurance. If your employer fails to provide coverage as required by law, you may have the right to sue them directly for damages.

If one of these exceptions applies to your situation, you may be able to pursue a lawsuit to recover damages beyond what workers’ compensation provides. Taking legal action starts with building a strong case, and that’s where the guidance of an experienced slip and fall lawyer becomes essential.

How To Build a Case and What To Expect

If you’re considering a lawsuit after a slip and fall at work, the strength of your case will depend heavily on the evidence you can gather and how well you can show that someone else’s actions—or inaction—caused your injuries. This is where working with a slip and fall lawyer becomes crucial.

• Collecting and Preserving Evidence. At a minimum, you’ll need to obtain incident reports filed at work. You may also need to secure photos of the scene showing wet floors, broken steps or missing signage, for example, and request any available security camera footage. Preserving this evidence quickly is key, as workplaces may clean up or repair the area after an accident.
• Gathering Medical Records. Your slip and fall lawyer will work with you to compile documentation of your diagnosis, treatments, medications and any ongoing rehabilitation. These records are critical to proving the extent of your injury and linking it directly to the workplace fall.
• Interviewing Witnesses. Co-workers, supervisors or bystanders who saw the accident or were aware of the conditions leading up to it often can offer valuable testimony. Your lawyer will know how to obtain and preserve these statements in a way that supports your case.
• Identifying Liable Parties. Not all slip and falls are the sole responsibility of the employer. A lawyer can determine whether a third party—a cleaning service, property manager or vendor—played a role, potentially opening additional avenues for compensation.
• Calculating Damages. Beyond immediate medical costs, a fall can lead to missed work, long-term treatment, chronic pain or even permanent disability. Your lawyer will help assess both your economic and non-economic losses to pursue a fair settlement or award.

From there, your attorney will guide you through each step of the legal process—from filing the claim to negotiating with insurers and, if necessary, taking your case to court. Many personal injury cases settle before trial, but your lawyer will be prepared to fight for you either way.

Pursuing a lawsuit can feel overwhelming, especially if you’re still recovering from an injury. However, you don’t have to handle it alone. With the right legal support, you can focus on healing while your attorney works to protect your rights and secure fair compensation.

Know Your Rights, and Take the Right Next Step

Suffering a slip and fall at work can leave you facing more than just physical pain. It often brings financial strain, uncertainty and stress about what to do next. Although most workplace injuries are handled through workers’ compensation, Louisiana law recognizes important exceptions that may allow you to file a lawsuit and pursue full compensation.

The key is knowing your rights and acting quickly. Reporting the accident, seeking medical care and speaking with a slip and fall lawyer can make all the difference in protecting your future. Whether you’re navigating a denied claim or exploring legal options beyond workers’ compensation, an experienced lawyer can help you understand where you stand and what steps you may be able to take.If you’ve been injured at work and believe your case may involve more than just workers’ compensation, don’t wait. In most cases, Louisiana’s statute of limitations is just one year from the date of your work injury. Reach out to the experienced slip and fall lawyers at Morrow, Morrow, Ryan, Bassett and Haik. Schedule your free consultation today, and get the answers—and the support—that you need and deserve.

Sources:

https://www.mmrbhlawoffice.com/
https://www.laworks.net/FAQs/FAQ_WorkComp_RightsAndResponsibilities.asp
https://compman.com/how-long-do-i-have-to-file-a-claim/
https://accidentlawyerlouisiana.org/sue-your-employer-accepting-workers-comp/