Asheville Slip And Fall Lawyer

Asheville Slip And Fall Attorney

A bad fall can cause all sorts of serious injuries, some of which you may not even consider. A workplace injury can be bad enough, but a fall could cause a traumatic brain injury, a spinal cord injury, muscle strains, broken bones, or even death in the most extreme cases. It is vital that you take the necessary steps to protect yourself and your future claim by speaking with an Asheville slip and fall lawyer in the event that you find yourself fighting for your workers’ rights.

Falls are among the leading accidents resulting in workers’ compensation claims in North Carolina. The U.S. Occupational Safety and Health Administration (OSHA) reports that as many as 10% of construction workers will injure themselves in falls from roofs, walls and raised work platforms during a typical year.

Fall injuries don’t always result in immediate disabilities such as a broken bone. Often, symptoms of an injury may occur over time, in the form of cracked vertebrae, a brain injury or a torn ligament.

If you suffered a fall injury on the job anywhere in North Carolina, turn to Ganly & Ramer, P.L.L.C., in Asheville. Our attorney has more than 35 years of experience assisting injured workers. Our record of successful workers’ compensation claims has earned recognition and awards, including an AV Preeminent* peer-review rating for ethical standards and legal ability, listing in North Carolina Super Lawyers Magazine and a rating among the Best Lawyers in America.

Third-Party Liability Lawsuits For Fall Injuries In North Carolina

In many cases, a workplace fall is caused by negligence on the part of the property owner, a product manufacturer or misconduct by another worker on the job site. If so you may be eligible for a separate recovery from the negligent party in addition to your workers’ compensation benefits. If you believe your injury resulted from the negligence or misconduct of another party, you may be entitled to recover additional compensation through a third-party lawsuit. Visit our Reported Cases page to learn more about our successful representation of injured workers.

What to Do in the Event of a Slip and Fall at Work

Workplace injuries are not uncommon, and a slip and fall accident is one of the most common forms of workplace injury that can happen to any worker at virtually any workplace, including offices, construction sites, factories, and retail.

A slip and fall at work is likely going to be considered a workplace injury that qualifies you for workers’ comp under the North Carolina Workers’ Compensation Act. Here are some steps you can take to ensure your claim is taken seriously:

• Inform your supervisor. After suffering a bad fall, you should immediately inform your supervisor of what has just occurred. They need to know you’ve just been injured, and they can help you seek immediate medical care if your workplace has an on-site medical facility. If you are too injured to talk to anybody, make sure one of your coworkers notifies your supervisor on your behalf.
• Seek medical attention. Remember, your health should be your top priority in this situation. Go see a doctor to find out the full extent of your injuries. It is important to have a record of your medical visits when the time comes to file a claim. Your employer may try to downplay what has happened and try to convince you not to bother seeing a doctor. Ignore that and see a doctor.
• Follow the plan. Your doctor will most likely give you a treatment plan to follow during your recovery. It is vital that you follow that plan as well as you can. Failure to follow the treatment plan could give your employer’s insurance company ample evidence that your injury is not as bad as you claim it is or that you are lying about being injured at all.
• Inform your provider. You must tell your healthcare provider that the injury you suffered was a work-related one. Provide them with your employer’s name and fill them in on the details surrounding your injury. This will formally document your injury as a job-related injury, which can help move your claim along when it comes time to file.
• Notify your employer. You have to notify your employer in writing that you suffered an injury at work. Even if you have already told them earlier when you were injured, you should do it again just to make sure they are fully aware of what’s happened. You also must provide an in-person account of your accident. You must notify them within 30 days of your accident.
• Consult with a lawyer. There’s a chance your employer will not take the proper steps to report your accident. If that happens, you should consider reaching out to a workers’ comp lawyer who can help you make sure you aren’t taken advantage of, and your claim is taken seriously by all parties involved.

FAQs

How Much Are Most Slip and Fall Settlements?

There is no telling how much a slip and fall settlement will end up being. Every slip and fall case is different, with each case having its own specific set of circumstances and details unique to every individual. Just because one case similar to yours ends in a favorable settlement, it does not necessarily mean that yours will. Certain factors have to be considered, such as the severity of your injuries and both parties’ willingness to compromise.

What Is the Statute of Limitations for a Slip and Fall Case?

The statute of limitations for a slip and fall case in the state is three years. You will have three years from the date of your injury to start building a case, consult with a lawyer, gather the necessary evidence, and file a claim with a personal injury lawyer. If you fail to file within the three-year window, there is a chance that your case will be thrown out, and you will have missed your opportunity to pursue compensatory damages.

What Is the Legal Term for a Slip and Fall Case?

The legal term for a slip and fall case is a “premises liability case.” A premises liability case is reliant on proving negligence on behalf of a property owner. These cases hold negligent property owners accountable for creating a hazard, failing to maintain their property, or otherwise causing someone on their property to be injured. A personal injury lawyer can help you work out the details of your case and figure out how to proceed.

Can I Seek Damages if I am Partially at Fault?

No, you may not be able to seek damages if you are partially at fault for your slip and fall case in Asheville, NC. The state’s contributory negligence system prevents those who caused their accident from seeking compensation for said accident. You can only seek compensation for an injury if you did not contribute to the accident. It is recommended that you consult with a lawyer to see if you have a solid case.

Talk With Us Today

Call us at 828-844-5274 to discuss your case, or use our convenient email contact form to arrange a free consultation and we will give you an honest appraisal of your legal options for recovering maximum money damages. Ganly & Ramer, P.L.L.C. works on a contingency fee basis. You will not pay attorneys’ fees or case preparation costs if you do not recover money in a settlement or jury verdict.

The aftermath of a slip and fall accident can be detrimental to your future. It is vital that you seek out a slip and fall lawyer who can help you figure out your next steps and determine if your case is worth pursuing. The legal team at Ganly & Ramer, P.L.L.C., knows the kind of legal help you need and is prepared to offer it to you. We can help you develop your case, gather evidence, and represent your interests throughout this process. Contact us today to schedule a consultation.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.