Visitor Question

Slip and fall in ER while working…

Submitted By: Anonymous (Pennsylvania)

I am an ER Nurse and slipped on a wet floor when there was no “Caution” or “Wet Floor” signs placed. It was a witnessed fall. Housekeeping was running some type of floor cleaning machine. I completely severed my left hamstring and tendons in the fall. I had surgery with a cadaver’s tendon used as a replacement.

My surgeon doesn’t think I should go back to nursing period, for the rest of my life. I am 58 going on 59, however I am very active.

I am thinking about 3rd party liability issues and wondering what I need to prove as negligence? Am I strictly limited to a workers’ comp claim? Thanks for any perspective you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

While your injury is very serious, your recourse is limited to a workers’ compensation claim. To have a 3rd party liability claim against your employer would require a showing your employer exhibited gross negligence or a reckless disregard for your safety and well-being.

While the absence of caution or wet floor signs may rise to the level of negligence, it doesn’t appear to rise to the level of gross negligence or reckless disregard for a worker (you). Learn more about liability in slip and fall claims here.

There is a possible alternative course of action. In the event the person who was cleaning the floors worked for an independent contracting company, and that company was retained by the hospital to perform janitorial services, and the cleaning product used on the floor was inappropriately dangerous, then you may have a 3rd party tort claim against the janitorial company.

To learn more about workers’ compensation claims in the State of Pennsylvania go to: Pennsylvania Department of Labor and Industry website.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 31, 2015

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