Slip and Falls in the Workplace: What Are Your Rights in California?

Slip and falls at work aren’t just embarrassing; they can lead to serious injuries, medical bills, and months of recovery time.
If you’ve been injured on the job due to a wet floor, cluttered walkway, or unsafe condition, you’re not alone and you may have the right to compensation under California law.

In 2023, the U.S. Bureau of Labor Statistics (BLS) reported 946,500 nonfatal injuries that resulted in days away from work, with slips, trips, and falls consistently ranking among the leading causes of such injuries nationwide. In California, Cal/OSHA requires employers to maintain a safe work environment, yet thousands of employees are injured each year because safety rules aren’t followed.

This guide breaks down your legal rights, what steps to take after a workplace slip and fall, and how to get the help you need to recover physically and financially.

Common Causes of Workplace Slip and Fall Accidents

A workplace accident can happen in seconds, but the consequences may last for months or even years.
Common causes include:

• Wet or recently mopped floors without warning signs
  
• Spilled liquids or oil in warehouses, restaurants, or kitchens
  
• Uneven flooring, cracked sidewalks, or loose rugs
  
• Cords or tools blocking walkways
  
• Inadequate lighting in stairwells or hallways
  
• Wearing improper footwear on slick surfaces
  

These hazards can occur anywhere from hospitals and offices to construction sites and retail stores.

Prevention Tip: The National Institute for Occupational Safety and Health (NIOSH) reports that most workplace slips and falls are preventable through simple steps such as using non-slip footwear, maintaining dry floors, and improving lighting in high-traffic areas.

Your Legal Rights After a Workplace Fall

If you’re hurt on the job in California, your rights are protected under both workers’ compensation laws and, in some cases, personal injury laws.

1. Workers’ Compensation Benefits

California requires nearly all employers to carry workers’ compensation insurance. This coverage allows you to receive benefits even if the accident was partly your fault as long as it occurred while performing job duties.
You may be entitled to:

• Medical care for treatment and recovery
  
• Temporary or permanent disability payments if you can’t return to work
  
• Travel reimbursements for medical visits
  
• Job retraining or skill development if you can’t perform your previous role
  

The California Department of Industrial Relations emphasizes that workers’ compensation is a no-fault system, meaning you don’t need to prove your employer was negligent to receive benefits.

2. Third-Party Injury Claims

If your fall was caused by someone other than your employer, such as a cleaning company, contractor, or property manager, you may also have grounds for a third-party personal injury claim. Many workers are surprised to learn that, yes, you can sue a business for a slip and fall when negligence is involved.

This type of case can provide compensation for:

• Pain and suffering
  
• Emotional distress
  
• Future medical expenses
  
• Lost future earnings
  

For example, if a janitorial contractor failed to display a “Wet Floor” sign, you might pursue a separate claim against that company while still receiving workers’ comp benefits.

How to Report a Workplace Slip and Fall in California

California law requires employees to report workplace injuries as soon as possible—ideally within 30 days. Failure to notify your employer within that timeframe may jeopardize your right to benefits. 

Here’s what to do:

1. Report the fall immediately to your supervisor or HR department.
   
2. Request a DWC-1 claim form to officially start your workers’ compensation case.
   
3. Visit an approved medical provider—your employer may have a designated list.
   
4. Document everything: take photos, gather witness statements, and keep records of medical visits, receipts, and correspondence.
   

Tip: The sooner you file, the stronger your case. Delays often lead to disputes or claim denials.

Can You Sue Your Employer?

In most situations, you cannot sue your employer directly if they have valid workers’ compensation insurance. The system exists to protect both employees and employers from lengthy lawsuits.

However, there are two exceptions where you may file a civil lawsuit:

• Your employer does not carry workers’ compensation insurance, or
  
• Your employer intentionally caused your injury (for example, knowingly removing safety equipment).
  

If either applies, contact a California workplace accident attorney immediately to discuss your legal options.

What If the Insurance Company Denies Your Claim?

Unfortunately, valid claims are sometimes denied due to incomplete paperwork or disputes about how the injury occurred.
If your workers’ comp claim is denied or undervalued, you can:

• Request a hearing before the Workers’ Compensation Appeals Board (WCAB)
  
• File a petition for reconsideration
  
• Work with a lawyer to challenge the insurer’s decision
  
• You still have rights, even if the case is denied

Related Read: Can I Sue for Emotional Distress in California?

When to Speak With a Lawyer

You’re not required to hire a lawyer for a workers’ comp case, but having one often leads to better outcomes.
Consult an attorney if:

• Your injury is serious or long-term
  
• You feel pressured to return to work too soon by the employer’s medical clinic
  
• A third party contributed to your accident
  
• Your claim was denied, or your benefits were delayed
  
• You’re not receiving the necessary medical care

An experienced California workplace injury lawyer can help you determine what your case is worth, including factors that affect slip and fall settlements in California, and ensure you’re not shortchanged by insurance adjusters.

Real Workplace Slip and Fall Cases in California

• San Diego: A hotel housekeeper slipped on a freshly mopped floor without signage. She received workers’ comp and later won a third-party settlement against the cleaning contractor.
  
• Los Angeles: A warehouse worker fell on a dimly lit loading dock, requiring knee surgery. His attorney secured additional compensation through a premises liability claim.
  
• Sacramento: A retail associate tripped over exposed wiring left by an outside vendor and recovered damages for pain, suffering, and lost wages.

Each case started with one simple step: understanding their rights.

FAQs: Workplace Slip and Fall in California

Conclusion: Protect Your Rights After a Workplace Fall

If you’ve suffered a slip and fall at work in California, don’t navigate the aftermath alone. Between medical costs, lost income, and complex claims, having the right guidance can make all the difference.

At Court House Lawyers, we help injured employees understand their rights and secure the compensation they deserve, whether through workers’ comp or a third-party claim.

Book your free case review today to speak with a California workplace accident lawyer who knows how to fight—and win—for injured workers.