Slip and Fall FAQ
Know Your Rights! - Atlanta Slip and Fall Frequently Asked Questions
Q: If I slip and fall at work, can I sue my employer?
A: Generally not. If you slip and fall at work this is consider an on-the-job injury and will be handled under your state' s workers' compensation laws.
Q: Does an accident report have to be filled out at the time of the fall in order for me to recover?
A: No. Generally if an accident report is completed, it will be completed by the establishment where the accident occurred. The accident report should include a description of what happened, a description of the conditions that caused the fall, what body parts were injured, and a list of witnesses to the accident.
If an accident report is not completed, compile a report yourself. Your report should include all of the elements listed above and it should also state whether you sought medical treatment. If you believe medical treatment is necessary as a result of your slip and fall, do not delay seeking treatment. This should be done ASAP.
Q: What types of questions will the insurance adjuster ask me?
A: The insurance adjuster will want to know:
- What happened?
- Could this have been avoided?
- What conditions caused the accident (such as a wet floor or dim lights)?
- Were you paying attention (meaning were you talking or texting on your cell phone)?
- What were you doing prior to the accident?
- What did you do immediately after the accident?
It is never a good idea to talk to an adjuster or give a written or recorded statement without talking to an attorney first. If an adjuster calls you after your accident and you have not had a chance to talk to an attorney first, tell him or her that you will call them back after you speak with one or you will have your attorney call them back.
Q: Do I have to talk to the insurance adjuster?
A: No and if an adjuster calls you, you should promptly end the conversation and tell them that you will have your lawyer call them.
Q: Should I report my injury to the property owner?
A: Yes! Especially if you were injured at a place of business, report your injury to the manager on duty immediately. Insist that the manager complete an injury report and make you a copy. If you have already left the establishment, return to the establishment immediately to report the injury.
Q: Should I take pictures?
A: Yes! Taking pictures will provide a visual aid of the scene of the accident. This will help prove the existence of any dangerous conditions. If you have visible bruises or injuries to your body, you should also take pictures of your injuries.
Q: Should I save the clothes that I was wearing?
A: Yes. You should save the clothes and shoes that you were wearing. If you shoes or clothes are altered in any way as a result of your fall (such as a hole or a scuff) it is important that you do not wash your clothes or wear those shoes again as these could be used as evidence to prove your case.
Q: Should I wait and see if my pain goes away on its own before I go to the doctor?
A: No. Seek medical treatment immediately. Getting the proper medical attention in a timely matter can make all the difference in your recovery. It can also impact how much your case is worth.