What To Do After A Slip And Fall Accident At Work

According to the Bureau of Labor Statistics, falls, slips, and trips caused more than 721,000 cases involving days away from work or job transfer/restriction nationally. (BLS, SOII 2023-2024)

Slip and fall accidents are among the most common workplace injuries in New York, and the steps you take immediately after a fall can determine whether your workers' compensation claim succeeds or gets denied.

Since 1992, Terry Katz & Associates has helped more than 25,000 injured New York workers recover millions in workers' compensation benefits, Social Security disability payments, and personal injury settlements.

If you suffered a workplace slip and fall injury, call (516) 997-0997 for a free consultation. You pay nothing unless we recover compensation for you.

8 Steps To Take Immediately After a Slip and Fall at Work

A workplace slip and fall can leave you dealing with medical bills, lost wages, and an insurance company looking for reasons to minimize your claim.

The actions you take in the hours and days after your fall accidents directly affect your ability to collect workers' compensation benefits. Here's what injured workers in New York need to do.

1. Seek Medical Attention Immediately

After any workplace accident, your health is the priority. Seek medical treatment even if you don't feel significant pain right away. Serious injuries like traumatic brain injuries, herniated discs, and internal bleeding may not produce symptoms for hours or days.

The CDC/NIOSH reports that falls are a leading cause of work‑related traumatic brain injury, and a large share of fatal work‑related falls involve head injuries.

According to NCCI data published by the National Safety Council, head and central nervous system injuries average $91,844 per workers' compensation claim, making early diagnosis critical for both your health and your claim's value.

When you see a doctor, tell them your injury occurred at work. This creates a medical record directly linking your slip and fall injury to your job.

Workers' compensation covers your medical treatment, but the insurance company will scrutinize gaps between the accident and your first medical evaluation. If you delay, they may argue your injuries aren't work-related or aren't as severe as you claim.

Keep organized copies of all medical records, bills, and receipts for prescriptions, physical therapy, and travel to appointments.

2. Report the Slip and Fall Accident to Your Employer

Under New York law, you must report a workplace injury to your employer within 30 days. However, you should report the accident to your employer immediately, or as soon as you are reasonably able (ideally the same day).

The NYS Workers' Compensation Board is explicit on this point: if 30 days pass without notifying your employer, you may lose your right to workers' compensation benefits entirely. Your notice should be in writing and include when, where, and how you were injured.

When reporting workplace injuries, stick to the facts: where the fall happened, what caused it, and what injuries you sustained.

Do not accept blame for the fall, and do not apologize. Anything you say can be used against you by your employer's insurance carrier during the claims process.

Once your employer files an accident report, obtain a copy for your records. If your employer refuses to document the incident, put your report in writing and keep proof that it was delivered.

3. Document the Accident Scene

Evidence disappears fast after a workplace slip and fall. Employers often clean up hazards quickly. Once a wet floor is mopped or a broken handrail is repaired, proving what caused your fall becomes significantly harder.

As soon as possible after the accident, take photographs of:

• The exact location where you fell
• The hazardous condition that caused the fall (wet or slippery floors, poor lighting, uneven surfaces, debris, ice)
• Your visible injuries
• Any lack of warning signs, cones, or barriers
• Weather conditions if the fall occurred outdoors

If you're too injured to document the scene yourself, ask a coworker or someone you trust to take photos on your behalf.

4. Identify and Contact Witnesses

If anyone saw your slip and fall accident, or was aware of the dangerous condition that caused it, get their names, phone numbers, and email addresses.

Witness statements add credibility to your workers' compensation claim and can be critical if the insurance company disputes what happened.

Even witnesses who didn't see the actual fall but know the hazard existed (a coworker who complained about a recurring leak, for example) can support your case.

5. Follow All Medical Recommendations

If you file a workers' compensation claim, the insurance company will review your medical records closely.

Missing doctor's appointments, skipping physical therapy sessions, or failing to follow prescribed medical treatment gives them ammunition to argue your injuries aren't serious, or that you're not making a good-faith effort to recover.

Attend every appointment. Complete every course of treatment. Keep detailed records of every visit and every recommendation your doctor makes.

6. Determine How Long the Hazard Existed

Employees are generally entitled to workers' compensation benefits regardless of fault. However, if you're pursuing a third-party personal injury claim in addition to workers' compensation, proving liability in a slip and fall case often comes down to showing that a dangerous condition existed for long enough that the employer knew about it, or should have known, and failed to correct it.

Ask yourself: Was this a known, recurring problem? Does a drainpipe leak every time it rains? Has the stairwell lighting been broken for weeks? Did a coworker report the spill before you fell?

Answers to these questions help prove negligence and establish that your employer or a property owner failed to maintain safe conditions as required by occupational safety regulations.

7. Be Careful on Social Media

Posting about your injury, or posting photos that show you doing physical activities, can severely undermine your slip and fall claim.

Insurance companies routinely monitor claimants' social media accounts, looking for anything they can use to argue you're not as injured as your medical records suggest.

Until your claim is resolved, limit what you share online and adjust your privacy settings.

8. Call an Experienced Workers' Compensation Attorney

The workers' compensation system is designed to provide benefits, but the claims process isn't always straightforward. Roughly one in four employers initially deny a workers' compensation claim.

Insurance companies employ adjusters whose job is to minimize payouts, not to look out for your interests.

An experienced workers' compensation attorney can protect your claim from the start, handle communications with the insurance company, and identify whether you may also have a third-party personal injury case that could provide additional compensation beyond workers' comp benefits.

Terry Katz & Associates has recovered millions for injured New York workers since 1992. Call (516) 997-0997 for a free consultation about your workplace slip and fall.

How Long Do You Have To File a Work-Related Slip & Fall Claim in New York?

New York has strict deadlines for filing slip and fall claims. Missing a deadline can permanently eliminate your right to pursue compensation.

Workers' compensation deadlines:

• 30 days to notify your employer of the workplace injury
• 2 years to file a formal Employee Claim (Form C-3) with the Workers' Compensation Board

Personal injury lawsuit deadlines:

• 3 years from the date of the accident to file a personal injury lawsuit against a negligent third party
• 90 days to file a Notice of Claim if the accident occurred on property owned by the City of New York or another government entity (with a 1-year-and-90-day statute of limitations for filing suit)

These deadlines are firm. While rare exceptions exist, relying on an extension is risky. The sooner you report your accident and consult a legal professional at our firm, the stronger your claim will be.

Common Causes of Slip and Fall Accidents at Work

Common causes of slip and fall incidents in New York workplaces include:

• Wet or slippery floors: Spills, recently mopped surfaces without warning signs, leaking pipes, and tracked-in rain or snow are among the leading causes of fall accidents. Employers must clean spills promptly and post visible warnings when floors are wet.
• Poor lighting: Dim stairwells, unlit parking lots, and poorly illuminated hallways make it difficult for employees to see hazards. When poor lighting contributes to a fall, the employer or property owner may be held liable for failing to maintain safe conditions.
• Uneven surfaces and structural hazards: Cracked flooring, loose carpet or tiles, uneven sidewalks, missing handrails, and broken steps create fall risks that employers are legally required to address.
• Cluttered walkways: Boxes, cords, equipment, and debris left in walking paths are preventable hazards. Employers must keep walkways clear and enforce safety measures to prevent workplace slip and fall accidents.
• Ice and snow: Outdoor fall accidents spike during winter months. New York employers must clear ice and snow from walkways, parking lots, and building entrances within a reasonable time after a storm ends.

Understanding what caused your workplace slip and fall is important for both your workers' compensation claim and any potential personal injury lawsuits.

The Consumer Product Safety Commission (CPSC) reports that floors and flooring materials contribute to more than 2 million fall injuries annually nationwide. OSHA standard 1910.22 requires employers to keep all walking-working surfaces free of hazards including sharp objects, loose boards, leaks, spills, snow, and ice.

How Does Workers' Compensation Cover Slip and Fall Injuries in New York?

In New York, most employers are required to carry workers' compensation insurance. If you suffered a workplace injury from a slip and fall, workers' compensation covers:

Medical expenses: All reasonable and necessary medical treatment related to your workplace injury is covered, including emergency room visits, surgery, prescription medications, physical therapy, chiropractic care, and diagnostic testing.

You're also entitled to travel reimbursement for trips to medical appointments.

The National Safety Council reports that the total cost of work injuries in the U.S. reached $176.5 billion in 2023, with the average cost per medically consulted injury at $43,000. For fall-related claims specifically, NCCI data shows an average lost-time workers' compensation claim cost of $51,047, well above the all-cause average of $44,179.

Lost wages: If your slip and fall injury prevents you from working, workers' compensation pays a portion of your average weekly wage. The amount depends on the severity and duration of your disability.

New York recognizes temporary total disability, temporary partial disability, permanent partial disability, and permanent disability classifications.

Additional financial support: Workers' compensation benefits may also cover vocational rehabilitation if you cannot return to your previous job, and death benefits for families of workers killed in fall accidents.

New York's No-Fault Workers' Compensation System

New York operates a no-fault workers' compensation system. This means you do not need to prove your employer was negligent to receive benefits.

If the injury occurred while you were performing your job duties, you're generally eligible regardless of who was at fault for the accident.

This is a critical distinction: workers' compensation is not a personal injury lawsuit. You give up the right to sue your employer directly in exchange for guaranteed benefits without having to prove negligence.

However, if a third party's negligence caused your slip and fall, you may have additional legal options (more on that below).

Filing Your Workers' Compensation Claim

The legal process for filing a workers' compensation claim in New York involves several steps:

1. Notify your employer within 30 days of the accident (sooner is better)
2. Your employer notifies their insurance carrier, who begins investigating
3. File an Employee Claim (Form C-3) with the New York State Workers' Compensation Board within two years of the injury (our experienced workers' comp attorneys can help with this)
4. Attend an Independent Medical Examination (IME) if requested by the insurance company
5. The Workers' Compensation Board reviews your claim and determines eligibility

If your claim is denied or disputed, you have the right to request a hearing before the Workers' Compensation Board.

Your employer is also required to file their own report. Under New York law, employers must submit Form C-2F ("Employer's First Report of Work-Related Injury/Illness") to the Workers' Compensation Board and their insurer within 10 days of the injury. If your employer fails to file, they face financial penalties from the Board.

An experienced workers' compensation lawyer can represent you at hearings and fight to overturn denials. This is something our attorneys at Terry Katz & Associates handle every day.

Can You Sue Your Employer for a Slip and Fall at Work?

In New York, the answer is generally no. You cannot sue your employer directly for a work-related slip and fall. This is one of the most common questions injured workers ask.

The workers' compensation system serves as the "exclusive remedy" for workplace injuries, which means workers' compensation benefits replace your right to file a personal injury lawsuit against your employer.

However, there's an important exception. If your workplace slip and fall was caused by a third party's negligence, someone other than your employer, you may be able to pursue a separate personal injury claim against that third party.

Third-Party Personal Injury Claims After a Workplace Slip and Fall

Workers' compensation provides essential benefits, but it doesn't cover everything. You can't recover compensation for emotional distress, full lost wages (only partial wage replacement), or pain and suffering through workers' comp alone.

A third-party personal injury lawsuit may allow you to seek additional compensation if your fall was caused by:

• A property owner who failed to maintain safe conditions on premises your employer doesn't own or control
• A building management company that neglected repairs or snow/ice removal
• A contractor or maintenance company whose negligent work created the hazardous condition
• A product manufacturer whose defective flooring, equipment, or safety device contributed to the fall

Filing a third-party personal injury claim does not affect your workers' compensation benefits. You can pursue both simultaneously.

However, personal injury lawsuits require proving liability: that the third party owed you a duty of care, breached that duty, and caused your injuries as a result.

Our attorneys evaluate every workplace slip and fall case for both workers' compensation and potential third-party claims, ensuring injured workers pursue every avenue of compensation available to them.

Proving Liability in a Slip and Fall at Work

For workers' compensation, the facts of your case need to demonstrate that the injury occurred at work during the course of employment.

To qualify for additional compensation through a third-party personal injury claim, your experienced personal injury attorney generally needs to prove:

• A hazardous condition existed (wet floors, poor lighting, uneven surfaces, debris)
• The responsible party (employer, property owner, contractor) knew or should have known about the hazard
• They failed to correct it within a reasonable timeframe or warn employees of the danger
• The hazardous condition directly caused your slip and fall injury

This is where thorough documentation pays off. Photographs of the accident scene, witness statements, maintenance logs, and prior complaints about the condition all serve as evidence that helps prove liability.

Safety regulations violations, such as failure to comply with OSHA standards or New York building codes, strengthen a negligence claim further.

FAQs About Workplace Slip and Fall Accidents

What happens if I slip and fall at work?

If an employee's injured in a slip and fall at work in New York, you're generally entitled to workers' compensation benefits regardless of fault. These benefits cover your medical costs, a portion of your lost wages, and disability payments if applicable.

Your first steps should be seeking immediate medical attention, reporting the accident to your employer, and documenting the scene.

If a third party's negligence caused your fall, you may also have the right to file a personal injury lawsuit for additional compensation including emotional distress and full wage recovery.

What should I do if my workers' compensation claim is denied?

If your workers' compensation claim is denied, you have the right to appeal the decision and request a hearing before the New York State Workers' Compensation Board.

Many initial denials are overturned on appeal, particularly when injured workers have strong documentation and legal assistance.

An experienced workers' compensation attorney can identify the reason for the denial, gather additional evidence, and represent you at hearings. At Terry Katz & Associates, turning claim denials into approvals is something we handle regularly. Call (516) 997-0997 to discuss your denied claim.

Can I receive both workers' compensation and file a personal injury lawsuit?

Yes. Workers' compensation and third-party personal injury claims are separate legal processes.

Workers' compensation covers medical expenses and partial wage replacement from your employer's insurance. A personal injury lawsuit allows you to seek compensation from a negligent third party, such as a property owner, contractor, or maintenance company, for damages that workers' comp doesn't cover, including pain and suffering, emotional distress, and full lost wages.

You can pursue both paths simultaneously.

How much compensation can I receive for a slip and fall at work?

Workers' compensation benefit amounts in New York depend on factors including the severity of your injuries, the type of disability classification, your average weekly wage, and the duration of your recovery.

Medical treatment is covered in full. Wage replacement benefits are calculated as a percentage of your average weekly wage, subject to statutory maximums.

Third-party personal injury settlements vary based on the specifics of each case, including the severity of injuries and the strength of the evidence proving negligence.

Does my employer have to carry workers' compensation insurance in New York?

Nearly all New York employers are legally required to carry workers' compensation insurance. Failing to carry coverage is a violation of New York law that can result in criminal penalties for the employer.

If your employer doesn't have workers' compensation insurance, you can file a claim with the Uninsured Employers Fund through the Workers' Compensation Board. An attorney can help you through this process and protect your rights.

Hurt in a Slip and Fall at Work? Talk to a Workers’ Compensation Lawyer at Terry Katz & Associates

A workplace slip and fall can cause severe injuries and mean weeks or months away from work, mounting medical bills, and real uncertainty about your financial future.

CDC/NIOSH estimates that workers' comp and medical expenses from workplace falls total approximately $70 billion annually across the United States. The Liberty Mutual 2025 Workplace Safety Index ranks same-level falls as the #2 cause of serious workplace injuries, costing $10.52 billion per year.

You shouldn't have to handle financial challenges, and pressure of the workers' compensation system alone, especially when insurance companies are working against your interests.

Terry Katz & Associates has focused exclusively on workers' compensation, Social Security disability, and related injury claims since 1992. With more than 25,000 injured workers helped and millions recovered in benefits, our attorneys know how to build strong claims, challenge denials, and pursue legal action for every dollar of compensation our clients are entitled to receive.

We work on a contingency basis. You pay no attorney fees unless we recover compensation for you.

Call (516) 997-0997 for a free consultation. We serve injured workers throughout New York City, Long Island (Nassau and Suffolk Counties), and across New York State.

Related: Workers' Compensation | Slip, Trip & Fall Accidents | Third-Party Liability Claims | Workplace Injuries