How to File a Work-Related Slip and Fall Claim in Indiana
If you suffered injuries after slipping and falling at work, you need to understand the difference between workers’ compensation and personal injury claims. You also need to understand how to file a work-related slip and fall claim in Indiana.
Talk to a slip and fall accident lawyer near you for a free consultation. The sooner you take action, the better your chances of receiving the maximum compensation available under the law.
What Constitutes a Work-Related Slip and Fall in Indiana?
Not every fall at work qualifies for benefits. The details of what happened and where it happened can make a big difference in whether a claim succeeds.
Defining Work-Related Accidents
For a slip and fall to be considered work-related, the accident has to happen while you’re doing something for your employer’s benefit. That might include walking between job sites, moving materials, or just walking across the breakroom during your lunch break if the employer controls that space.
Common Workplace Slip and Fall Scenarios
Common situations include:
- Slipping on water near a sink or ice machine
- Falling on icy sidewalks the company didn’t treat
- Tripping over cables, boxes, or uneven flooring
- Falling down stairs with broken handrails
- Slipping on spilled oil or fluids in industrial workplaces
The cause matters. If something work-related created the hazard, you may have a valid claim.
Employer Premises vs. Third-Party Property
If the fall happened at your employer’s regular place of business, it usually falls under workers’ comp. But if you slipped and fell at a client’s site or a delivery location, that might open the door to a third-party lawsuit or claim as well. It all depends on who was responsible for the hazard and whether your job duties put you there.
Understanding Indiana Workers’ Compensation Laws
Indiana law lays out what workers’ comp benefits cover and how the system works. It’s designed to make sure workers have access to medical care and wage replacement when they’re hurt doing their job.
Indiana Workers’ Compensation Act Overview
The Indiana Workers’ Compensation Act governs how benefits are handled. It covers employees injured while doing work tasks for their employer. Independent contractors, volunteers, and some part-time workers may not qualify.
No-Fault System Explained
Indiana uses a no-fault system. You don’t have to prove your employer did anything wrong. As long as the injury happened while you were working, you’re likely covered—unless you were drunk, intentionally hurting yourself, or doing something completely unrelated to your job.
Coverage Requirements for Employers
Almost every Indiana employer must carry workers’ compensation insurance. This includes businesses with just one employee. If your employer doesn’t carry insurance when they should, you may still have options through the Indiana Workers’ Compensation Board.
Is Your Slip and Fall Covered Under Workers’ Compensation?
To qualify for benefits, your slip and fall has to meet a couple of legal standards. Courts and insurance companies look closely at how the accident happened.
Arising Out of Employment Standard
Your injury must be linked to the risks of your job. That might mean slipping on spilled chemicals if you work in a lab or falling while hurrying to deliver paperwork across the office. If your work duties increased the risk, that usually satisfies this part of the test.
Course of Employment Requirements
You also have to show that the accident happened while you were doing your job—or something reasonably related to your job. If you tripped while walking to your workstation or fell in the company’s parking lot during your shift, that likely counts. But slipping while running a personal errand on your lunch break might not.
Exceptions and Exclusions to Coverage
You won’t qualify for benefits if you were goofing off, breaking company rules, or under the influence of drugs or alcohol. Injuries from purely personal activities, like texting while walking to your car, may also fall outside of coverage.
Essential Steps to Take After a Workplace Slip and Fall
Right after a slip and fall at work, what you do, or don’t do, can shape how your claim unfolds. Don’t wait to act.
Immediate Medical Attention
Always get medical help right away. Even if you think you’re fine, injuries like sprains, concussions, or back trauma can take hours or days to show symptoms. Medical records also play a big role in your claim.
Reporting the Incident to Your Employer
Indiana law says you must notify your employer about the accident within 30 days. Tell your supervisor as soon as possible and ask them to create a written report. Get a copy for your records.
Documenting the Scene and Injuries
If you can, take photos of the area where you fell, especially any slippery spots, broken tiles, or warning signs that were missing. Keep track of your medical visits and any symptoms you experience.
Gathering Witness Information
Coworkers or others who saw the fall can help support your story. Write down their names and contact information. Their statements may help if the insurance company pushes back on your version of events.
How Do You File a Workers’ Compensation Claim in Indiana?
You’ll need to follow the right steps and meet deadlines to get your claim started. Missing a step can give the insurance company a reason to deny benefits.
Form 9 – Employee’s Claim for Compensation
If your employer doesn’t report your injury or refuses to cooperate, you can file your own claim by submitting a Form 9 to the Indiana Workers’ Compensation Board. You don’t need a lawyer to do this, but getting help can make the process go more smoothly.
Required Documentation and Evidence
You’ll need to include supporting documents like medical records, witness statements, accident reports, and anything else that helps show the injury happened while working.
Filing Deadlines and Statute of Limitations
You generally have two years from the date of injury to file your claim with the Board. But don’t wait that long. Reporting the injury right away and pushing the paperwork forward helps your case.
Employer’s Response and Investigation Process
Your employer’s insurance company will review your claim. They might ask for more information, arrange a medical exam, or try to argue that your injury wasn’t work-related. If they delay or deny benefits without a good reason, you may need legal help to push back.
Third-Party Claims vs. Workers’ Compensation
In some cases, a third party, not your employer, may have caused or contributed to the fall. That opens the door to a separate personal injury claim alongside your workers’ comp claim.
When You Can Pursue Both Claims
If you slipped at a client’s site, delivery location, or on property managed by someone else, you may be able to hold them accountable through a third-party claim. This lets you recover damages like pain and suffering that workers’ comp doesn’t cover.
Property Owner Liability
Slip and falls caused by broken sidewalks, unmarked wet floors, or poor lighting in shared buildings may give rise to a claim against the property owner or landlord.
Equipment Manufacturer Defects
If a faulty ladder, broken scaffold, or defective flooring material played a role in your fall, you may have a claim against the manufacturer or supplier of that equipment.
Coordination of Benefits
Workers’ comp benefits usually come first. If you recover money in a third-party claim, some of it may go back to the workers’ comp insurer to reimburse the benefits they already paid. An attorney can help you work out the details.
What Compensation Can You Receive?
Workers’ compensation in Indiana provides limited benefits designed to help with medical bills and lost income. It doesn’t include pain and suffering, but it can still cover a lot.
Medical Benefits Coverage
Workers’ comp should cover all reasonable and necessary medical treatment for your injury. That includes hospital visits, surgery, prescriptions, rehab, and follow-up care. However, your employer usually chooses the treating doctor.
Temporary Total Disability Payments
If your injury prevents you from working, you may qualify for wage replacement while you recover. These payments usually amount to two-thirds of your average weekly wage, up to a cap.
Permanent Partial Disability Awards
If the injury leaves you with permanent damage but doesn’t stop you from working entirely, you may qualify for a lump-sum payment based on a state schedule of body parts and impairment levels.
Vocational Rehabilitation Services
Some workers may qualify for retraining, job placement services, or educational programs to help them return to the workforce if they can’t go back to their old job.
Common Challenges in Slip and Fall Claims
Not every claim goes smoothly. Insurance companies and employers sometimes try to avoid paying by pointing to other explanations.
Disputed Work-Relatedness
Insurers may argue the injury didn’t really happen at work or that the fall was unrelated to your job duties. They might say the accident happened off the clock or blame you for being careless.
Pre-Existing Condition Arguments
If you have a history of back problems, joint pain, or other medical issues, the insurance company might argue that your injury existed before the fall. Medical records and a clear timeline can help push back.
Surveillance and Social Media Issues
Insurers may hire investigators to watch you or check your social media posts. A simple photo of you lifting groceries or attending a family event could be used to argue that your injury isn’t serious.
Return-to-Work Disputes
Your employer may try to bring you back too soon, offer you a job you can’t safely perform, or push you to return without proper accommodations. You don’t have to accept unsafe working conditions.
How Our Attorneys Can Help
Slip and fall cases involve paperwork, deadlines, and pressure from insurance companies. Our team handles these details so you can focus on healing.
Case Evaluation and Strategy Development
We review your accident and medical records to figure out your options. Then we build a plan tailored to your goals and the facts of your case.
Handling Insurance Company Communications
We take over the phone calls and letters so you don’t have to deal with insurers trying to downplay your injury.
Gathering and Preserving Evidence
We collect photos, witness statements, medical records, and job site reports to strengthen your claim.
Maximizing Your Compensation
Our job is to pursue every legal avenue available, including both workers’ comp and third-party claims, to help you recover the maximum compensation available under the law.
Representing You at Hearings
If the insurance company denies your claim, we represent you before the Indiana Workers’ Compensation Board and argue your case.
Frequently Asked Questions About Slip and Fall Accidents in the Workplace
Can I choose my own doctor for treatment?
Usually no. In Indiana, your employer has the right to pick the doctor who treats your injury.
What if my employer doesn’t have workers’ compensation insurance?
You can still file a claim through the Workers’ Compensation Board. Your employer may face penalties for not carrying required coverage.
How long do I have to report my injury?
You must report your injury within 30 days. The sooner you report it, the stronger your case will be.
Can I be fired for filing a workers’ compensation claim?
Indiana law prohibits employers from retaliating against workers who file claims. If you’re fired because you got hurt or spoke up, legal options exist.
What if my claim is denied?
You have the right to appeal and present your case at a hearing. An attorney can help prepare and argue on your behalf.
Contact Our Skilled Workers’ Comp Attorneys in Indiana Now
Don’t wait after a workplace slip and fall. The more time passes, the harder it gets to prove what happened. Talk to a workers’ comp attorney at Klezmer Maudlin PC right away. We’ve helped Indiana workers recover the maximum compensation available after serious on-the-job injuries. Our team understands the law, knows how to deal with insurance companies, and works directly with you to protect your rights.
Your first consultation is free, and you won’t owe us anything unless your case leads to compensation. Workers’ comp claims have strict deadlines, so contact us now before time runs out.