A person may qualify to receive compensation for a slip and fall at work in NC. To qualify, a person must sustain an injury in the course and scope of employment. They must report the injury and file for benefits.
Our experienced Gastonia workers’ compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain slip and fall injuries at work and what you need to know about compensation.
Can You File a Workers’ Comp Claim for a Slip and Fall at Work?
You can file a workers’ comp claim for a slip and fall at work if the injury is the result of an accident or incident. The fall must be the result of an unexpected event that causes injury (N.C. Gen. Stat § 97-2(6)).
Are Slip and Falls Covered Under North Carolina Workers’ Compensation?
The answer to whether a slip and fall is covered under North Carolina workers’ compensation is: it depends. Not all falls that happen while a person is at work or traveling for work are covered, but many are. The question is whether the conditions of employment place the worker in a position to increase the dangerous effects of a fall.
Generally, a slip and fall is compensable under North Carolina workers’ compensation if the employment places the worker in a position that increases the dangerous effects of a fall.
Examples are working at an elevated height, near machinery, around a sharp corner, or in a vehicle. A slippery or uneven floor, a cluttered workspace, or inadequate light may increase fall risk. Dangers that may exist because of workplace conditions depend on the nature of the work.
Common Workplace Conditions That Can Lead to Falls
- Elevated heights
- Working with equipment
- Moving heavy objects
- Walking on slippery and uneven surfaces
- Navigating stairs, escalators, and elevators
- Crowded working conditions
- Working with groups of people or crowd management
- Frequently changing positions
- Ladders that are poorly positioned
- Poor maintenance of equipment and machinery
- Working in dangerous and varied weather conditions
- Openings in the floor
- Working on platforms or open edges without barrier protection
- Cables and cords that cover the floor
- Worker fatigue, distractions
- Poor safety training and awareness
What Benefits Can You Receive Under NC Workers’ Comp?
Under NC workers’ comp, workers’ compensation for falls may include:
- Emergency medical care
- Surgery
- Hospitalization, nursing care, attendant care
- Follow-up medical care
- Assessment of brain damage
- Mobility devices and support
- Physical therapy
- Home modifications
- Medications, pain management
- Short-term wage loss
- Impairment and disability compensation
- Vocational rehabilitation, including assessment, education, and training
- Disfigurement compensation
Workers’ comp benefits for a fall in NC generally fall under medical care, wage replacement, and impairment compensation. The amount of compensation depends on the extent of medical care, ability to work, and disability following treatment.
Reporting the Injury and Filing Your Claim
If you slip and fall at work, report the incident to management or human resources immediately.
See Crawford v. Greensboro Innkeeper (N.C. Ct. App. 2002), where a claim was denied because a delay in reporting the fall and seeking medical treatment resulted in a finding of a lack of credibility regarding the cause of injury.
What If Your Claim Is Denied or Disputed?
Compensation for a slip and fall at work may be disputed in its entirety. It can also be a question of what compensation is appropriate. For example, in Thompson v. Cranfill et. al (N.C. Ct. App. 2025), the plaintiff injured his back at the airport on a work trip. The defense admitted liability but fought paying for home modifications and attendant care. The plaintiff achieved a favorable ruling on appeal.
If your claim is denied or disputed, you can take steps to request a hearing and seek your benefits.
Understanding slip and fall at work compensation
For a slip and fall to be compensated, there must be an ‘unlooked for and untoward event’. The event must happen in the course of employment, meaning it must arise out of employment and be connected to employment. When deciding a case, the court considers whether the employee was engaged in an act to further the employer’s business, directly or indirectly.
Whether an event is work-related can be a nuanced question.
For example, choking on food while eating at a restaurant, even while traveling for work, is generally not work-related (Bartlett v. Duke University, 284 N.C. 230 (1973)). However, getting robbed while getting ice from a hotel ice machine is compensable because being at the hotel created the risk of robbery (Ramsey v. N.C. Indus., 178 N.C. App. 25 (2006)). Also see McSwain v. Industrial Commercial Sales & Services, LLC (N.C. Ct. App. 2020), which denied compensation for a fall that occurred while doing laundry on a work trip.
Medical conditions
Injury may arise from both employment hazards and medical conditions. A fall due to dizziness or epilepsy may be covered if a working hazard contributes to the fall (Vause v. Vause Farm Equipment Co., 233 N.C. 88 (1951)).
How Long-Term Injuries Affect Compensation
Long-term injuries may affect slip and fall workers’ compensation for wage and impairment benefits. North Carolina generally limits temporary total disability benefits to 500 weeks. There is an exception for permanent total disability.
Disability benefits continue while a person is unable to work or earn their pre-injury income and until there is a qualifying reason to terminate benefits.
In addition to wage benefits, long-term slip and fall injuries can be compensated through a disability award. The correct impairment rating is critical for the compensation award.
Workers’ compensation NC slip and fall settlement
There are multiple ways to resolve a workers’ comp claim for a slip and fall. An important question is how to address future medical care in the settlement. An attorney can help you evaluate options and negotiate your claim.
Contact an Experienced Gastonia Workers’ Compensation Lawyer
If you have been hurt in a slip and fall at work in NC, you can get help from a lawyer. Contact an experienced Gastonia workers’ compensation lawyer at Horton & Mendez, Injury & Car Accident Attorneys.
