It’s very unlikely to say you have gone through life without tripping, falling, slipping, or something of that nature. It’s a normal part of life. Have you experienced a slip and fall so bad you needed knee surgery? Depending on the situation, you may be able to sue. You also may be able to receive benefits and job-secured, unpaid time off. There are laws that prohibit your employer for firing you because you are exercising your rights under them, meaning you are protected from being fired. Also, employers cannot fire you solely based on the fact that you had to get surgery because of your slip and fall accident. The lawyers at California Labor Law Employment Attorneys Group will gladly represent you in a case against your employer for wrongful termination. Get in contact with us as soon as possible so that we can help you gain as much compensation as possible.
What is a slip and fall?
Slip and fall accidents are caused when there is are defects in the sidewalk or stairs, wet surfaces, uneven surfaces, rough patches of ground, and so on. If you had a slip and fall on private property, then the property owner may be liable for your injuries. For the most part, it is a property manager’s responsibility to keep the area safe, however there may be times when certain objects in the ground are necessary and serve a purpose such as drainage grates. For a property manager to by liable, one of the following must be proved about the area you slipped and fell on:
- The owner of the business or an employee must have caused the spill or defect
- The owner of the business of an employee must have known of the defect and did nothing about it
- The owner of the business or an employee should have known about it because any reasonable person taking care of the area would have done something about it
If you can prove one of these, then you may be able to gain compensation for your knee surgery. However, if the fall was completely on your own accord and cannot be blamed on anyone else, you probably won’t be compensated for your surgery. All hope should not be lost though, because there are other laws that can protect you from losing your job for getting knee surgery, and you may be able to even receive benefits while you take time off. Nonetheless, if you do feel you have a slip and fall case, you can contact our lawyers to get started on a personal injury lawsuit.
Can I get short-term disability benefits for a slip and fall?
All California employees are required to pay into short-term disability insurance (SDI). This is paid through payroll deductions. You may be able to collect weekly benefits while you are unable to work due to knee surgery. To be eligible for SDI, you must have earned at least $300 in wages during your base period. Your base period is the 12 months prior to the last calendar quarter before filing a claim. You may be wondering how your knee surgery qualifies you as disabled. Anytime you are unable to work, the Employment Development Department considers you disabled. As long as your doctor certifies that you are unable to do your job after surgery, then you are considered disabled and can file a claim to receive benefits.
The amount you can receive from SDI is usually based on a percentage of your regular wages. You will receive between 60%-70 of your wages earned during your base period, but the maximum weekly amount is $1,152. You may be able to receive benefits for up to 52 weeks, but the length of time is subject to how long it takes you to recover. If your employer is not allowing you file a claim to receive SDI benefits, you just have more questions in general about how SDI works in relation to your knee surgery from a slip in fall, you can call our office to schedule a free consultation with one of our attorneys who will be able to answer all your questions.
Can I get fired for getting knee surgery from a slip and fall?
If you are protected under either the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), then you are protected from losing your job because you need time off from work to recover from your knee surgery. The FMLA is a federal law that allows for employees to take up to 12 weeks of unpaid leave. Reasons you can take FMLA are:
- Childbirth, adoption, or placing a child in foster care
- To take care of an immediate family member’s serious medical condition
- To take care of your own serious medical condition
To qualify to be protected under the FMLA, you must
- work for an employer that employees 50 or more employees who work at least 20 weeks in a year
- worked at least 1,250 hours in the last 12 months
- live within a 75-mile radius of the job site
The FMLA also protects employees from retaliation by their employer for enacting their rights under this law. If your employer has fired you for trying to take FMLA leave, then you were wrongfully terminated and need to contact one of our wrongful termination lawyers immediately so that you can get started on filing a lawsuit against your employer.
The CFRA is similar to the FMLA; it allows qualified employees to take up to 12 weeks of unpaid leave for similar reasons as the FMLA. However, you can also take the time to help a domestic partner with a serious medical condition. The qualifications to be covered are the same as the FMLA. The CFRA also prohibits retaliation from your employer. You should be able to use your FMLA or CFRA leave to recover from knee surgery without the fear that you may lose your job. If your employer has violated your rights by retaliating and firing you, then you file a lawsuit against your employer for wrongful termination.
Free Consultation and Zero Fee Guarantee
A slip and fall can be painful and damaging. If it was not your fault, then you should seek compensation from those that caused your injury. Our lawyers at California Labor Law Employment Attorneys Group will help you fight to get back at them. If your employer is not cooperating under the many laws that protect your job when dealing with knee surgery following a slip and fall accident, then our lawyers can help with this as well. Our lawyers are well-versed in many subjects of law and will be able to represent you in a lawsuit. You can schedule a free consultation with us to get started. We also do not charge any upfront fees for us to take on your case. Our zero fee guarantee means that you will not have to a pay a penny unless your case is won. We understand the financial burden of surgery already, and that’s why we will even provide you with transportation. If you have already consulted a different lawyer, we still encourage you to give us a call so you can schedule a free second opinion with one of our attorneys. Our lawyers will work hard to make sure you receive the maximum amount of compensation for your pain and suffering.