How to Gather Evidence After a Slip and Fall Accident
If you slip and fall at work, the evidence you collect can determine whether you receive workers’ compensation benefits. Employers and insurance companies may dispute claims, arguing that the fall did not happen at work or that your injuries are unrelated. Without strong documentation, your claim may be delayed or denied.
Gathering the proper evidence as soon as possible can help you protect your rights. This includes reporting the accident, collecting visual proof, securing witness statements, and keeping medical records. Each piece of evidence helps establish the facts and connects your injuries to the workplace accident.
This guide explains how to gather evidence after a slip and fall accident in the workplace, what steps to take, what evidence to collect, and how to strengthen your claim.
If you or a loved one has been injured in a slip and fall accident at the workplace, reach out to an experienced slip and fall accident lawyer today.
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What to Do After a Slip and Fall Accident at Work
Report the Incident to Your Employer
Notifying your employer right after a slip and fall is one of the most important steps in a workers’ compensation claim. Indiana law requires workplace injuries to be reported within 30 days (Indiana Code § 22-3-3-1), and delaying notification can create problems.
Insurance companies may question whether the accident happened at work, leading to potential claim denials. Reporting immediately creates an official record, making it harder for your employer or insurer to dispute your claim.
When reporting the fall, include specific details:
- Time and date of the accident – Be as exact as possible.
- Location of the fall – Identify the department, room, or area where it happened.
- What caused the accident – Describe the hazard (e.g., wet floors, loose carpeting, debris).
- Injuries sustained – Even if symptoms seem minor, document everything.
If your workplace requires a written accident report, complete it and keep a copy for your records. If your employer does not provide a form, write down the details yourself and submit them via email or another trackable method. A digital or written record ensures proof of timely reporting.
Indiana’s Required Workplace Injury Form
In Indiana, employers must complete the First Report of Employee Injury, Illness (State Form 34401) after a workplace injury. This form must be submitted to the Workers’ Compensation Board of Indiana within seven days of the employer learning about the injury.
This report creates an official accident record and ensures compliance with state regulations. Employees should request a copy of the completed form to verify that their injury has been appropriately documented.
If your employer fails to submit the required form or refuses to acknowledge your injury, you may need to take additional steps to protect your rights. Keeping a personal record of all communication and any written notice you provide can help if there is a dispute about whether the injury was reported.
Why Immediate Reporting Matters
Some injured workers hesitate to report accidents because they feel embarrassed, assume the injury is minor, or worry about retaliation. However, waiting can make it harder to get benefits. Insurance companies often deny claims without immediate report, arguing that the injury may have happened outside of work.
Additionally, some injuries—like head trauma or soft tissue damage—worsen over time.
What seems like a minor issue right after a fall can turn into a significant medical condition. If an injury develops later and no official report links it to a workplace accident, proving it was work-related becomes much more challenging.
What to Do If Your Employer Refuses to Document the Accident
Sometimes, an employer may avoid reporting the injury to their insurance carrier. They might tell you to “see how you feel in a few days” or claim no official report is necessary. If this happens:
- Write down the details yourself – Include all relevant facts, just as you would in an official report.
- Send an email or certified letter – Submit the information to your supervisor or HR department in writing. Email provides a timestamped record, while certified mail creates proof of receipt.
- Ask a coworker to witness your report – If possible, have a trusted colleague present when you notify your employer. They can confirm that you reported the incident.
- Document any conversations – If your employer dismisses your report or tells you not to file a claim, write down the date, time, and exact words they used.
Indiana law protects workers from retaliation for reporting injuries. You may have legal options if you are pressured not to file a claim or experience pushback.
Document the Scene Before Conditions Change
Once a slip and fall accident is reported, employers often clean up or repair the hazard that caused the fall. While this may improve workplace safety, it can also remove necessary evidence before it can be documented. If possible, take action to preserve proof of the unsafe condition before it is altered.
Ways to document the scene include:
- Take photos and videos – Capture multiple angles of the hazard and surrounding area.
- Write down what happened – A detailed description can help if memory fades or a dispute arises.
- Check for security cameras – If surveillance cameras are present, request that footage be preserved.
- Identify potential witnesses – Coworkers or others who saw the fall can provide statements later.
If you are too injured to take these steps, ask a trusted coworker to help. The more documentation you have, the stronger your workers’ compensation claim will be.
Gathering Visual Evidence of the Accident
Photographs and videos can prove workplace conditions caused the fall. Employers or insurance companies may claim that the accident was caused by something other than a workplace hazard.
If the scene changes after the incident—such as a spill being cleaned up or a broken floor tile being repaired—you may lose the chance to prove what caused your injury. Taking photos and videos as soon as possible ensures that hazards are documented before removal.
What to Capture in Photos and Videos
Use your phone or a camera to document the scene from multiple angles. Key details to focus on include:
- The hazard that caused the fall – Take close-ups and wide shots of wet floors, loose carpeting, uneven surfaces, debris, or any other condition that contributed to the accident.
- The surrounding area – Show the entire environment to provide context, including nearby warning signs (or their absence), lighting conditions, and floor materials.
- Any physical injuries – Photograph bruises, swelling, cuts, or any visible harm caused by the fall. These images help establish a timeline of the injury.
- Footwear and clothing—Capture what you were wearing, especially the soles of your shoes, in case the employer claims improper footwear contributed to the accident.
Video Evidence
Record a video walkthrough of the accident scene. A video can provide a more accurate sense of depth, movement, and location. This is especially useful if the hazard is difficult to show in a still image, such as poor lighting or a slippery floor that may not be obvious in a photo.
When recording a video, describe the conditions clearly, pointing out any hazards and their locations. If a coworker witnessed the fall, ask them to give a brief statement on video.
Requesting Surveillance Footage
Many workplaces have security cameras, but the footage is often erased or overwritten quickly. There is no law in Indiana requiring employers to keep security footage for a specific time, so requesting a copy as soon as possible is essential.
To request video footage:
- Ask your employer in writing. A formal request ensures that there is a record of your attempt to obtain the footage.
- Act quickly – Some businesses delete footage within days, especially if they don’t expect a claim to be filed.
- Get witness confirmation – If a coworker saw a camera in the area, have them confirm its presence in writing.
If your employer refuses to provide the footage, note their response and inform your attorney or workers’ compensation representative.
Preserving Evidence for Your Claim
All visual evidence should be backed up and stored in multiple locations. Save copies on your phone, a computer, and a cloud storage service. If you submit photos or videos to your employer or an insurance company, keep originals for your records.
Photographic and video evidence can prevent disputes over how the accident happened. Employers and insurers often challenge claims by arguing that the worker was at fault or that no hazard was present. Strong visual proof helps establish the facts and supports your right to workers’ compensation benefits.
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Collecting Witness Information
Statements from witnesses can help confirm that the fall happened as reported. Employers or insurance companies may argue that an injury was not work-related or unsafe conditions did not exist. Testimony from coworkers, customers, or other bystanders can provide an independent account of what happened.
Identifying Witnesses
Look for anyone who was nearby when the accident happened. Witnesses may include:
- Coworkers working in the same area
- Supervisors who saw the conditions before or after the fall
- Customers, vendors, or delivery personnel who were present
- Other employees who previously reported the same hazard
Witnesses who arrived shortly after can still provide helpful information if no one directly saw the fall. They may have noticed hazards before the area was cleaned up.
What to Ask Witnesses
If someone agrees to provide a statement, ask them to include details such as:
- What they saw – Did they see the fall happen, or did they notice unsafe conditions before or after?
- What the area looked like – Was there a hazard that contributed to the fall? Were warning signs present?
- Has the hazard been reported before? Have they noticed the same dangerous condition before?
Witness statements should be factual. Avoid leading questions or assumptions. A neutral statement is more reliable, which makes it difficult for an insurance company to challenge.
Written and Recorded Statements
A written statement is the best way to preserve testimony. Witnesses should include:
- Their full name and job title (if applicable)
- The date and time of the accident
- A clear description of what they observed
- Their signature and the date they wrote the statement
If the witness is comfortable, an audio or video statement can also be helpful. This allows them to explain what they saw in their own words.
What to Do If a Witness is Reluctant to Get Involved
Some workers may hesitate to provide a statement because they don’t want to be involved in a claim. If a witness is unsure about giving a written statement, they can:
- Confirm details verbally to you or a trusted person
- Write a brief, informal note instead of a complete statement
- Provide testimony only if an official claim dispute arises
Even if a witness refuses to give a statement, take note of their name and contact information. If your claim is challenged later, an attorney or investigator may follow up with them.
Keeping a Record of Witness Testimony
Save copies of all written or recorded statements. If a dispute arises, these statements can help support your claim. Witness accounts help establish that the fall happened at work and that the conditions at the time contributed to the accident.
How to Preserve Physical Evidence of a Slip and Fall Injury
Physical evidence can help prove how the accident happened and whether unsafe conditions played a role. Employers or insurance companies may claim that no hazard existed or that the worker’s actions caused the fall. Keeping relevant objects and materials can strengthen your case.
Retain Damaged Clothing and Footwear
The clothes and shoes worn during the accident may provide helpful information. Torn clothing, scuffed shoes, or debris stuck to fabric can indicate the severity of the fall and conditions at the scene. Do not wash, repair, or dispose of these items. Store them in a sealed bag to prevent further wear.
Preserve Objects Involved in the Fall
If an object contributed to the accident, try to keep it in its original condition. Examples include:
- A broken piece of flooring or tile
- A loose mat or rug that caused a trip
- A defective handrail or step that gave way
If removing an object is impossible, document it thoroughly with photographs and written descriptions.
Take Note of Safety Equipment Failures
Check whether it functions properly if personal protective equipment (PPE) is involved. For example:
- Non-slip shoes that failed to prevent slipping
- Safety harnesses or gear that did not work as expected
- Work-issued equipment that broke or malfunctioned
If defective safety equipment plays a role, it may indicate a workplace safety violation.
Request Maintenance and Inspection Records
Some hazards result from poor upkeep. Request maintenance logs or inspection records if a workplace hazard led to the fall. These may show whether the employer was aware of the issue and whether it had been addressed. If records are not provided, document the request and any response you receive.
Why Physical Evidence Matters
Without preserved evidence, an employer or insurance company may argue that the hazard never existed or that the fall was due to personal carelessness. Holding onto key items, visual proof, and witness statements substantially support your claim.
Contact Klezmer Maudlin for Help with Your Workplace Slip and Fall Claim
If you were injured in a workplace slip and fall, Klezmer Maudlin can help at any stage of the workers’ compensation process. You may need legal guidance if:
- You are unsure how to file a workers’ compensation claim, or your employer is delaying or denying your report.
- You received a claim decision you disagree with and want to explore your options for an appeal.
- Your benefits have been approved, but your employer or the insurance company is mishandling your claim.
- You want to know if you can pursue a third-party liability claim against a negligent party outside your employer.
Work injuries create financial and medical challenges, and the claims process is not always straightforward. Our worker’s compensation attorneys protect workers’ rights and ensure injured employees receive the benefits they are entitled to under Indiana law.
For a free consultation, call 317-597-6293 or fill out the contact form on our website. We will contact you as soon as possible.