Slips and falls explained

16/04/2019

We are a team of legal experts who have operated successfully within the personal injury field of law for decades. Gordon Legal are here to help you understand your rights and entitlements with regards to compensation claims for personal injuries. Here we have compiled some basic information and facts relating to slips and falls and how your claim for compensation could be lodged.

For more information or to speak with a solicitor about your slip or fall, contact us on 1800 21 22 23 or log on to our website at www.gordonlegal.com.au.

What is a slip or a fall?

A slip or fall is an event caused by a safety hazard and which may result in an injury such as a broken bone, a torn or strained ligament, a concussion, etc. If you have slipped or fallen in a public space or at work, then you may be eligible to claim for compensation relating to the costs of your medical treatment, your rehabilitation and for any loss of earnings and compensation for your pain and suffering.

Is a slip or fall at work the same as a slip or fall in a public space like a shopping centre?

When you sustain injuries from a slip or fall at work or on a work site, then you are required to report that incident to your employer. Injuries sustained at work for any reason, including slips and falls, can be claimed through a Workers’ Compensation Claim which is a separate form from your incident report to your employer. You can obtain a Workers’ Compensation Claim Form from your employer or from any Australian Post Office, your doctor or any Gordon Legal office.  You must submit your compensation claim form as soon as possible as there are strict timeframes that apply. These vary state by state. Contact Gordon Legal for advice specific to your claim.

Work related slips and falls

For example, Michael works as an electrician at a large firm in Melbourne’s south-eastern suburbs. He was asked by his boss to attend a job inside a shopping centre site in the CBD. There had been heavy rain in the city for most of the week and when he attended the site, he was warned that there were puddles of water everywhere and to watch his step. Following his induction by the site foreman, Michael made his way to where he was required to do his electrical works. While he was walking across a concrete foundation, water had accumulated and he slipped on the surface, falling and breaking his arm.

Because Michael was at a work site and not visiting this shopping centre on his own time, he was required to report this incident to his employer. His employer then gave him a Workers’ Compensation Claim Form which he filled out and returned.  His employer had 10 days to submit that claim form to their Workers’ Compensation Insurer who approved Michael’s claim. While Michael recovered from his injuries, his employer found lighter duties he could successfully undertake for a period of 18 weeks until he was fit and ready to return to all of his usual duties.

If Michael’s claim had not been accepted or if he had a permanent injury from the fall, then he might have approached a firm such as ours.

Non-work related slips and falls

Had Michael been visiting this shopping centre in his own time and not as an electrician there to undertake electrical works, then he would still have been eligible to claim for compensation relating to his injuries sustained there. As the surface of the floor over which Michael was expected to walk was under the control of the shopping centre management, it was their job to provide safe premises for Michael to walk across or to restrict his ability to gain access to the unsafe area with appropriate signage alerting to the hazards.

If you have sustained an injury while in a public space, then you may be eligible to claim for compensation too. Contact our friendly team on 1800 21 22 23 to speak with a solicitor who can help you assess you claim for personal injury compensation.