In slip-and-fall cases, the settlement amount is typically influenced by the medical cost, lost wages, and shared fault (comparative negligence). Although these are general considerations, the settlement amount can differ widely depending on the particular details of the accident.
Falls result in over 8 million hospital emergency room visits, making them the leading cause of visits (21.3%). This rate shows how crucial it is to understand the factors that could help you receive fair compensation for your injuries and losses.
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All employers in New York State must provide workers' compensation coverage for their employees (WCL §2 and 3). When an employee is involved in a slip-and-fall accident, the compensation a worker will receive may depend on the medical cost, particularly the body part injured.
According to NCCI's workers' compensation cost statistics, the compensation they have recorded are as follows:
| Part of the Body Injured | Cost of Compensation |
| Head | $94,285 |
| Neck | $65,659 |
| Multiple body parts | $62,257 |
| Leg | $60,901 |
| Hip, thigh, and pelvis | $60,155 |
| Arm or shoulders | $49,838 |
| All other body parts were injured | Less than $49,838 (on average) |
Some body parts tend to be more severe and can have long-lasting or permanent effects on the worker's health and ability to perform their job. These injuries often require extensive medical treatment and rehabilitation and may result in permanent disability, leading to higher compensation costs.
If you or someone you know were involved in a slip and fall accident with sustaining injuries in any part of their body, you may consult our personal injury lawyers to help you obtain the right amount of your worker’s compensation.
Aside from the medical expenses that worker’s compensation may cover, the individual may also be entitled to a portion of their lost wages if their injuries caused one or more of the following:
The amount an individual may receive is determined by multiple factors. It is also based on a worker’s average weekly wage for the previous year and the degree of their temporary disability. Here is the formula used to calculate the weekly benefit:
2/3 × (average weekly wage) × (% of disability based on medical evidence) = weekly benefit
Take note that the minimum benefit for work-related injuries/accidents occurring on or after 1/1/24 will be $275 per week. While the maximum benefit you may receive will be based on the New York State Average Weekly Wage:
| Date of Accident | Weekly Maximum Total / Partial |
| July 1, 2024 - June 30, 2025 | $1,171.46 / $1,171.46 |
| July 1, 2023 - June 30, 2024 | $1,145.43 / $1,145.43 |
The benefit rate an injured worker receives is determined by the date of injury and does not increase if new maximum benefits are adopted into law.
The court uses this tort principle to reduce the damages a plaintiff can recover in a negligence-based claim depending on the percentage of fault each party contributed to the incident. Under the pure comparative negligence rule which New York follows, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.
For example, if the total damages are $100,000 and the plaintiff is 99% at fault, they can only recover $1,000 (1% of the total damages).
These factors can greatly affect an individual's compensation for a slip-and-fall accident. If you need legal help, our dedicated personal injury lawyers have the knowledge and experience in understanding the complexities of slip-and-fall claims.
According to the National Council on Compensation Insurance (NCCI), the average cost of an injury caused by falls or slips is $49,971. This figure represents the cases of employees working between 2020 and 2021.
In other available data, the aggregate cost of disabling occupational injuries due to falls is estimated to be between $250,000 and $300,000 per year. This estimate includes temporary and permanent disabilities resulting from slip and fall accidents.
There is no fixed settlement amount for a slip-and-fall case, as it can vary greatly depending on the major factors mentioned earlier.
If you are injured in a slip-and-fall accident and want maximum compensation, consider seeking help from our qualified attorneys. We have decades of experience handling slip-and-fall cases and have won large settlements.
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At the Porter Law Group, our team of proven personal injury lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one is a personal injury victim, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
