Personal Injury Law (Accidents/Slip & Fall)/lawsuit


My mother works at Wal-Mart and last night she triped on the different layers of pavement do to the construction they r doing she put her teeth through her lip and hit her face on the ground is she untitled to anything or should we even try do do anything please lmk thank you


I am very sorry to hear about your mother’s injuries. I hope she is able to make a full and fast recovery.

I do not know where this incident occurred. I practice law in New York and will answer your question based on the laws of New York.

You say that your mother works at Wal-Mart and suffered her injury at Wal-Mart. If this is the case, she should immediately notify the HR Department that she wants to apply for Workers’ Compensation. Workers’ Compensation should cover her medical expenses and any lost wages.

Workers’ Compensation laws generally prevent a person from suing an employer. The concept is that you receive coverage through Workers’ Compensation and, in return, the employer is protected from lawsuits. If your mother suffered her injury because of another party – such as the construction company doing the work – she may be able to pursue a claim against the construction company. To do so, she will need to prove that their negligence caused her to fall and that the fall caused her injuries. I suggest that she speak to a local personal injury attorney about a potential case. That consultation should be free.

I hope this information helps.

Personal Injury Law (Accidents/Slip & Fall)

All Answers

Answers by Expert:

Ask Experts


Carol L. Schlitt


I am a New York personal injury attorney with over 20 years experience handling car accident and motor vehicle cases, slip and fill cases, medical malpractice, premises liability, pedestrian and bicycle accidents and personal injury cases. I have been named Municipal Attorney of the Year in New York City and had my cases listed among Top Ten Verdicts in New York. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association, and the Bar Associations of the Bronx, Brooklyn and Suffolk.


I am a New York personal injury attorney with over 20 years experience. I previously served as Associate Corporation Counsel in the New York City Law Department and was named New York Municipal Attorney of the Year. I served as Lead Trial Counsel for Manhattan Law firm of Acito and Klein. I have led my solo law practice for over ten years focused on personal injury and medical malpractice awards. My cases have been listed among the Top Trial Verdicts. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association and the Bar Associations of the Bronx, Brooklyn and Suffolk and I serve as a judge in the national collegiate moot court competition. I am admitted to practice in New York and the Federal District Courts, Eastern and Southern Districts.

• American Trial Lawyers Association • New York State Bar Association • New York State Trial Lawyers Association • Bronx Bar Association • Brooklyn Bar Association • Suffolk County Bar Association • Holy Cross Alumni Lawyer’s Guild • St. John's University Alumni Association • National Association for Female Executives

My writings have appeared in Newsday, The Long Islander, the Times of Huntington and the legal blog, New York Law Thoughts.

I received my undergraduate degree from the College of the Holy Cross in Worcester, Massachusetts and graduated from St. John’s University Law School. I have taken graduate courses at New York University.

Awards and Honors
• Named Municipal Attorney of the Year • Cases listed among the Top Ten Verdicts in New York State • My blog, New York Law Thoughts, has been listed as one of the leading U.S. Law Blogs

Past/Present Clients
I have had hundreds of clients over my 20 plus years as an attorney. All of my current clients are individuals living in the New York metropolitan area (Brooklyn, The Bronx, Manhattan, Queens, Nassau, Suffolk and Westchester). I can provide references upon request.

©2016 All rights reserved.