How to Prove Negligence in a Workplace Slip and Fall Case in Indiana

Worker Man Lying On Staircase After Slip And Fall Accident

Slip and fall accidents happen in workplaces across Indiana, from construction sites and warehouses to offices and retail stores. These accidents can result in serious injuries, leading to medical bills, lost wages, and long recovery periods.

In Indiana, workers’ compensation covers most slip and fall injuries, regardless of who was at fault. Employees do not need to prove negligence to receive benefits.

However, in some cases, proving negligence matters, mainly if a third party—such as a property owner, contractor, or maintenance company—was responsible for unsafe conditions.

This blog explains when negligence is relevant in a workplace slip and fall case, how Indiana’s workers’ compensation laws apply, and what injured workers should do to protect their rights.

If another party contributed to the accident, an injured worker may pursue additional compensation beyond workers’ compensation benefits.

Knowing how to prove negligence in a slip and fall case in Indiana can help a person recover full financial support after an injury.

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Workers’ Compensation and Fault in Indiana

Indiana law allows employees to receive workers’ compensation benefits for job-related injuries without proving that an employer was at fault.

This system ensures that workers can get medical treatment and wage replacement without needing to show that negligence caused their accident.

The No-Fault System for Workplace Injuries

Workers’ compensation operates on a no-fault basis. This means that even if an employee’s actions contributed to a fall, they may still qualify for benefits.

For example:

A warehouse worker slips on a wet floor while moving inventory.
An office employee trips over loose carpeting in a break room.
A retail worker falls on ice outside an employee entrance.

In each case, the worker does not need to prove that their employer did something wrong—they need to show that the injury occurred during work duties.

Exceptions Where Workers’ Compensation May Not Apply

In some situations, an insurer may deny a claim, including:

The worker was under the influence of drugs or alcohol at the time of the fall.
The fall happened while engaging in horseplay or reckless behavior.
The injury occurred off the clock or outside of work-related activities.

Employers and insurance companies may dispute claims if they believe one of these exceptions applies. In these cases, gathering evidence—such as security footage or witness statements—can help injured workers prove their eligibility.

What Workers’ Compensation Covers

If an Indiana workers’ compensation approves a claim, it may pay:

Medical expenses for treatment related to the injury.
Temporary disability payments if the worker cannot return to work during recovery.
Permanent disability benefits if the injury causes lasting impairment.

Workers’ compensation does not cover pain and suffering or other non-economic damages, but some workers may have additional legal options if a third party contributed to the accident.

When Proving Negligence Matters in a Workplace Slip and Fall Case

While workers’ compensation covers most slip and fall accidents without requiring proof of fault, negligence plays a role in some situations. This is especially true if a third party—such as a property owner, contractor, or vendor—was responsible for unsafe conditions that led to the fall.

Third-Party Liability in Workplace Falls

A third-party claim allows an injured worker to seek additional compensation outside workers’ compensation benefits.

This may apply if:

The worker slipped on a wet floor in a shared building managed by a separate property owner.
A contractor or cleaning crew failed to address a known hazard in the workplace.
A delivery worker fell due to unsafe business or private property conditions while making a work-related stop.

In these cases, proving the third party’s negligence could lead to compensation for pain and suffering, lost wages beyond workers’ compensation limits, and other damages.

How Third-Party Claims Differ from Workers’ Compensation

Unlike workers’ compensation, third-party lawsuits require proving negligence.

The injured worker must show that:

The third party had a duty to maintain a safe environment.
They failed to fix or warn about a hazard.
The hazardous conditions directly caused the fall.
The worker suffered documented injuries as a result.

These claims do not replace workers’ compensation benefits but can supplement them, helping workers recover losses not covered under Indiana’s workers’ compensation system.

Evidence Needed to Prove Negligence in a Third-Party Slip and Fall Claim

When injured workers file a third-party claim, they must prove that another party was responsible for unsafe conditions. Gathering strong evidence can build a case and demonstrate that someone should have addressed the hazard.

Photographs and Video Evidence

Visual documentation helps show what caused the fall.

Workers should take photos or videos of:

The hazardous conditions, such as a spill, loose flooring, or broken steps.
The surrounding area is used to show whether warning signs are present.
Any security cameras that may have recorded the fall.

Surveillance footage from businesses or nearby properties can provide additional proof. However, video evidence is often deleted after a short period, so request a copy quickly.

Incident Reports

A manager or owner may have filed an incident report if the fall happened in a store, office, or public building.

These reports document:

The date, time, and location of the fall.
Witness statements from employees or bystanders.
Any immediate actions taken, such as calling for medical help.

Requesting a copy of the report preserves details you can use if the third party disputes liability.

Witness Statements

Statements from coworkers, customers, or others who saw the fall can support the claim.

Witnesses may confirm:

That the hazard existed before the accident.
Whether the property owner or manager was aware of the danger.
Whether the hazard had been ignored for an unreasonable amount of time.

Independent witness testimony can help when the property owner tries to deny responsibility.

Maintenance and Inspection Records

In some cases, businesses and property owners keep maintenance logs.

These records may show:

How often inspections were conducted.
Whether previous complaints about the hazard had been made.
Whether any repairs or cleanups were scheduled but not completed.

Records showing that a hazard was reported but not addressed can strengthen a negligence claim.

Medical Records

Medical records connect the injury to the fall and document its severity.

These records should include:

Emergency room or urgent care reports.
X-rays, MRIs, or other diagnostic tests.
The doctor’s notes describe the impact of the injury on work and daily life.

Seeking medical care immediately after a fall provides clear documentation that the accident caused the injuries rather than another event.

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Common Workplace Slip and Fall Hazards

Certain conditions increase the risk of slip and fall accidents in the workplace. Identifying these hazards can help determine whether a third party contributed to unsafe conditions that led to an injury.

Wet or Slippery Floors

Spills in grocery stores, restaurants, and office buildings.
Mopped floors without proper warning signs.
Leaks from refrigeration units or plumbing issues.

Uneven Flooring and Loose Carpeting

Torn carpets or rugs in entryways and hallways.
Uneven surfaces in older buildings or warehouses.
Sidewalk cracks or potholes in employer-owned parking lots.

Poor Lighting

Dim stairwells and hallways in apartment buildings or offices.
Burnt-out lights in parking garages, creating tripping hazards.
Flickering or inadequate lighting in storage areas.

Cluttered Workspaces and Obstructed Walkways

Boxes, cords, or equipment left in common paths.
Construction materials or tools in walkways.
Overflowing storage areas without clear paths for movement.

Weather-Related Hazards

Ice or snow buildup in areas managed by a third party, such as a property management company.
Water accumulation in entryways due to poor drainage.
Fallen leaves or debris, making walkways slippery.

If a third party needed to maintain the property and failed to correct these hazards, they may need to pay for damages that workers’ compensation won’t cover.

Steps to Take After a Workplace Slip and Fall Accident in Indiana

Taking the proper steps after an injury can help protect a workers’ compensation claim and any potential third-party lawsuit.

Failing to document the accident or delaying medical treatment could give insurance companies or employers reasons to dispute the claim.

Report the Accident Immediately

Notify a manager or supervisor as soon as possible.
Submit a written report to create a record of the incident.
Request a copy of the report if one is completed.

Take Photos and Videos

Capture images of the hazard that caused the fall.
Photograph surrounding conditions, including lighting and warning signs.
If surveillance cameras are present, request footage before it is deleted.

Get Witness Information

Collect the names and contact details of anyone who saw the fall.
Ask if they are willing to provide a statement about what happened.
Independent witnesses can strengthen a case if the employer or property owner denies responsibility.

Seek Medical Attention

Even if injuries seem minor, a medical evaluation documents the connection between the fall and the injury.
Follow all treatment recommendations and keep records of appointments.
Delaying medical care may lead insurance companies to question the severity of the injury.

Avoid Giving Statements to Adjusters and Third Party Administrators

Employers and third-party insurers may try to limit liability by shifting blame.
Anything said to an adjuster could be used to reduce or deny compensation.
Consulting an attorney before speaking with an insurer can help protect legal rights.

Keep Records of Expenses and Missed Work

Save medical bills, receipts for out-of-pocket expenses, and any written communication from doctors.
Track missed workdays and reduced wages due to the injury.
These records help determine the full financial impact of the accident.

These steps help preserve evidence, strengthen a claim, and ensure that all available compensation options are explored.

Why an Attorney Can Help with Workers’ Compensation and Third-Party Claims

Slip and fall cases in the workplace can involve more than just a standard workers’ compensation claim. While these benefits cover medical bills and lost wages, they do not compensate for pain and suffering.

If a third party, such as a contractor, vendor, or property owner, contributed to the hazardous condition, additional legal action may be possible.

How an Attorney Can Help With a Workers’ Compensation Claim

Ensuring that the claim is filed correctly to avoid unnecessary delays.
Gathering medical evidence to show the extent of injuries and necessary treatment.
Challenging any attempts by the employer or insurer to deny benefits.

How an Attorney Can Assist With a Third-Party Claim

Investigating whether another company, contractor, or property owner played a role in creating unsafe conditions.
Collecting maintenance records, incident reports, and witness statements to build a strong negligence case.
Negotiating with insurance companies to seek full and fair compensation.
Filing a lawsuit against the responsible party if a fair settlement is not offered.

Since Indiana law limits what workers’ compensation pays, a third-party claim can provide additional financial relief for injured workers who qualify.

Speaking with an Indiana workers comp attorney can determine whether you can hold another party responsible.

Contact a Workplace Slip and Fall Lawyer in Indiana

Get Help with Your Slip and Fall Negligence Claim Today

If you were injured in a slip and fall accident at work, the Indiana worker’s compensation lawyers at Klezmer Maudlin can assist with your workers’ compensation claim and determine whether a third-party lawsuit is possible.

You may need legal help if:

You are having trouble filing a claim or need guidance on the process.
Your claim was denied, or you received fewer benefits than expected.
You believe your employer or insurer is mishandling your case.
You want to know whether a third party may be responsible for unsafe conditions.

Workplace injuries create financial and physical challenges. We aim to make the claims process as smooth as possible while pursuing the full benefits you are owed.

For a free consultation, call (317) 569-9644 or fill out the Get a Free Case Review form on our website.

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