Slip and fall exiting hospital...

by Penny
(Aledo, Illinois)

I was exiting the hospital where I am employed when I fell and was injured. I was off the clock when this occurred. I slipped and fell on both knees and hit the side of my head. This happened over 2 weeks ago, and I still have severe bruising and swelling, and pain in both knees and legs.

I think there was a wet spot in the carpet, but can't be sure. My fall was witnessed by an employee, who wrote up an "unusual occurrence" report, and another person standing by the admissions desk. I know that is on camera, as we have cameras in that department.

I don't know if I even have any recourse, but doesn't hurt to ask a professional. Is there anything I can or should do here? What are my options? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Slip and fall exiting hospital...":

Penny (Aledo, Illinois):

Before considering any legal action, first seek medical attention. Your health is more important than any legal recourse you might consider at this time against the hospital. Moreover, to have any chance of successful legal recourse will require medical evidence supporting your claim for negligence.

Realistically, your injuries at this point, while painful, appear to be "soft tissue." Soft tissue injuries include swelling, bruising, minor cuts and abrasions, sprains and strains to muscles, and the like.

It appears you were injured while "off the clock." As a result, it is arguable you were not covered under workers' compensation. While remote, you may have an argument you were still on duty because you were still on hospital premises. It can be argued your job duties ended when you left the hospital, and that you were still employed until you stepped off hospital premises.

Finally, you may have an argument the hospital owner was negligent in failing to have the carpet properly maintained, and that failure constituted negligence. If so, you'd be able to pursue a third party claim against the hospital's liability insurance.

You do not have a legal right to access to the hospital's camera videos. Unless they agree to let you see them, and that's unlikely, the only other way you would have access to them is if you or your attorney filed a lawsuit and subpoenaed the videos.

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

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Fall at Work Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: