Workers Comp for Slip and Fall Accidents

If an employee falls down the stairs at work and sustains an injury, is the employee eligible for workers' compensation benefits?

Missouri law mandates all employers to provide compensation to employees who get injured at work. This compensation covers lost wages and medical expenses.  However, some injuries suffered at work may not be covered by workers' compensation. Compensation is only given when the injury resulted from the work carried out by the employee. In some cases, it may become extremely difficult to decide whether or not the injury is compensable under Kansas City workers' compensation. What if a worker fell down the stairs at work and was injured? In this post, our Kansas City workers' compensation lawyer will answer this question.
All information associated with the injury needs to be evaluated to determine if the injury is related to the work of the employee. There are instances when it is clear that the injury is work-related, particularly if an employee is injured while using equipment needed for the job.
However, injuries suffered while using the stairs may not be easy to determine since using a staircase is an act that may not be related directly to the work of the employee. These cases are normally decided based on the element of risk.

Increased Risk Level

Kansas City workers' compensation law takes into account the increased level of risk posed by the job of the employee. If the job increases the risk of injury while using the stairs, employees may receive compensation for their injuries. This is particularly true for nurses, who may need to rush up or down the stairs to attend to their patients.
However, using the stairs without any increased risk for injuries may not be compensable under workers’ compensation law. There are instances when an employee has no idea how the injury happened since the injury simply followed an inexplicable fall. The facts may also indicate that the employee was healthy and not in a rush while using the stairs. Since there was no increased risk in using the stairs, the injury may not be covered by workers' compensation.

Factors Affecting Increase in Risk Level

In the last example of the staircase injury, it is important to have a complete picture of the tasks that the employee performs to see if there was actually an increased level of risk. If the knee of the employee suddenly popped while going down the stairs, it may not merit compensation. However, if the employee is required to use the stairs at least twenty times every day, which is more than what is required for an ordinary person, it can be used as the basis for a worker’s compensation claim as the work responsibilities of the employee increased the risk for injury.

It is essential for employees to carefully remember and note down all the details pertaining to the injury suffered at work. It may be possible that the floor was wet or the supervisor called for an emergency meeting and the employee had to move fast. The employee may have carried something unstable that caused the fall. Such details are important as they may serve as the deciding factor in a workers’ compensation claim.

It would be a good idea to consult an experienced Kansas City workers' compensation lawyer. Call The Law Office of James M. Hoffmann at (816) 256-4300 for a free consultation.