If you were injured after falling down stairs at work, you may be wondering whether you should file a workers’ compensation claim or a lawsuit. The answer depends on who was responsible for the accident.
Workers’ Comp vs. Lawsuit: What Are Your Options?
Workers’ Compensation (Most Common)
In most cases, if your fall happened while performing your job duties, your claim will be handled through workers’ compensation.
You typically qualify if:
- The accident happened at work or while performing job-related duties
- Your employer carries workers’ compensation insurance
Workers’ comp benefits may include:
- Medical treatment
- Temporary disability (lost wages)
- Permanent disability benefits
You generally cannot sue your employer for a workplace injury.
When You May Have a Lawsuit (Third-Party Claim)
You may also have a personal injury lawsuit if someone other than your employer caused the unsafe condition.
Examples include:
- A property owner who failed to maintain safe stairs
- A contractor or construction company responsible for hazards
- A manufacturer of defective stairs, railings, or flooring
In these cases, you may be able to:
- File workers’ comp AND a lawsuit at the same time
- Recover additional damages like pain and suffering and full wage loss
Common Injuries from Stairway Falls
Navigating a staircase is a routine part of the day, yet it remains one of the most hazardous environments in both homes and workplaces. This can lead to serious, life-altering injuries, including:
1. Broken bones & Fractures
The impact of hitting the hard edges of steps frequently results in broken bones injuries.
- Wrists and Arms: Instinctively reaching out to break a fall often leads to shattered wrists.
- Ankles and Feet: Twisting while falling can cause complex fractures that require surgery.
- Ribs and Hips: Striking the “nosing” of a step can fracture ribs or lead to life-altering hip injuries, especially in older adults.
2. Spinal Cord and Back Injuries
The spine is highly vulnerable during a fall. A sudden impact can cause herniated or slipped discs (herniated disc workers compensation), compression fractures in the vertebrae, or even permanent spinal cord damage. These injuries often require long-term neurorehabilitation and pain management.
3. Soft Tissue & Nerve Damage
Even without a broken bone, the violent twisting of a fall can tear ligaments (like the ACL or MCL) and cause deep muscle contusions. If a nerve is pinched or damaged during the tumble, it can lead to chronic numbness or loss of motor function.
How Much Is My Workers’ Comp Claim Worth After Falling Down Stairs at Work in San Diego?
The value of a workers’ compensation claim after a stairway fall depends on how serious your injuries are and how they affect your ability to work and live your daily life. There is no one-size-fits-all settlement, every case is different.
What Impacts the Value of Your Claim?
In California, your claim may include:
- Medical Expenses
Coverage for all necessary treatment, including doctor visits, surgery, physical therapy, and future care. - Temporary Disability Benefits
Payments while you are unable to work during recovery. - Permanent Disability Compensation
If your injuries result in long-term limitations, you may be entitled to additional compensation.
Serious Injuries = Higher Value
Falls down stairs often result in significant injuries. In a complex case involving a traumatic brain injury and spinal damage, we secured a $240,000 settlement due to the long-term care required.
Why Legal Representation Matters
Insurance companies often try to minimize payouts. At The Law Office of Matthew Russell, we help injured workers in San Diego by:
- Every injury is fully documented
- All affected body parts are included in your claim
- Your future medical needs are accounted for
Speak With a Workers’ Comp Attorney in San Diego
If you were injured after falling down stairs at work, understanding whether you have a workers’ comp claim, a lawsuit, or both can make a major difference in your case.
Contact The Law Office of Matthew Russell today for a free consultation and find out what your case may be worth.