How to Sue for a Slip and Fall Accident at Work

December 3, 2024

Table of Contents

1. Can You Sue Your Employer for a Slip and Fall at Work?
2. When You Can Sue Someone Else: Third-Party Claims
3. How Workers’ Compensation Covers a Slip and Fall
4. Common Causes of Workplace Slip and Fall Accidents
5. What to Consider After a Workplace Slip and Fall
   1. 1. Report the injury to your employer
   2. 2. Get medical care
   3. 3. Document the scene
   4. 4. Consider speaking with an attorney

If you slipped and fell at work in California, you usually cannot sue your employer for it. Workers’ compensation is generally your remedy against your employer, and it pays benefits without you having to prove anyone was careless. But you may be able to sue someone else, such as a property owner or contractor who is not your employer, if their negligence caused your fall. Below, we explain how both paths work.

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

Generally, no. Under California law, workers’ compensation is “the sole and exclusive remedy of the employee or his or her dependents against the employer” (Labor Code section 3602(a)). That means a workplace slip and fall is usually handled as a workers’ compensation claim, not a lawsuit against your employer.

The same section lists narrow exceptions, including an injury caused by a willful physical assault by the employer, and an employer fraudulently concealing an injury and its connection to work, which made it worse (Labor Code section 3602(b)). These exceptions rarely apply to an ordinary slip and fall.

When You Can Sue Someone Else: Third-Party Claims

Filing a workers’ compensation claim does not take away your right to sue a person other than your employer whose negligence caused the injury (Labor Code section 3852). In a slip and fall, that other party may be:

• The owner or manager of a property where you were working that your employer does not own, such as a client’s building or a store you were sent to
• Another contractor on a shared job site who created the hazard
• The maker of a defective ladder, flooring, or other equipment, which may raise a product liability claim

A third-party claim works like other slip, trip, and fall claims: it generally depends on showing the other party was negligent and that the negligence caused your harm. Whether a third-party claim exists depends on who controlled the area and what caused the fall. An attorney can evaluate whether anyone besides your employer may be responsible.

How Workers’ Compensation Covers a Slip and Fall

California workers’ compensation is a no-fault system. Your employer’s liability for benefits exists “without regard to negligence” (Labor Code section 3600(a)), so you do not have to prove your employer was careless, and you can receive benefits even if no one was clearly at fault.

Depending on your injury, workers’ compensation may cover:

• Medical care for the injury, such as doctor visits, surgery, therapy, and medication
• Partial wage replacement while you cannot work, through temporary disability benefits
• Payments for lasting limitations, through permanent disability benefits
• For injuries on or after January 1, 2004, a Supplemental Job Displacement Benefit voucher for retraining or skill enhancement (Division of Workers’ Compensation), explained on our return to work and job displacement page

Common Causes of Workplace Slip and Fall Accidents

Workplace slip and fall accidents can happen in a variety of settings, from office spaces to construction sites. Common causes include:

• Wet or slippery floors without proper warning signs
• Uneven flooring or damaged walkways
• Cluttered or obstructed pathways
• Poor lighting in work areas or stairwells
• Weather-related hazards such as ice or rain

Employers are responsible for maintaining a safe work environment under Cal/OSHA workplace safety standards.

What to Consider After a Workplace Slip and Fall

1. Report the injury to your employer

Tell your employer or supervisor as soon as possible. California law generally calls for written notice to the employer within 30 days of the injury (Labor Code section 5400), and reporting early avoids disputes about when and how you were hurt.

2. Get medical care

Even if your injuries seem minor, consider seeing a healthcare professional right away. A medical evaluation documents your injuries and connects them to the workplace accident.

3. Document the scene

If you can, take photos of the hazard that caused your fall, your injuries, and the surrounding area, and note who controls that area. Write down the names of coworkers or others who saw what happened.

4. Consider speaking with an attorney

A workers’ compensation attorney can explain your benefits and evaluate whether a third party may also be responsible.

Injured workers usually have questions before they have answers. Our California workers’ compensation FAQ covers reporting deadlines, medical care, disability benefits, and denied claims.

At Abramson Labor Group, we represent injured California workers. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation or call us at (213) 493-6300.

This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California workers’ compensation attorney.