Wyoming Injuries

FAQ | Glossary | Topics
EN ES

Can my employee sue a property owner after a Rock Springs slip and fall?

Everyone says workers' comp is the only remedy, but that is wrong when someone other than the employer caused the hazard.

Before you know that, a Rock Springs business owner may treat the whole thing as just a Wyoming workers' compensation claim. Your employee files through the Wyoming Department of Workforce Services, Workers' Compensation Division, medical bills start moving, and everyone assumes that is the end of it.

It often is not.

After you know the rule, the situation changes: your employee may have a third-party premises liability claim against the property owner, tenant, hotel, landlord, store, or snow-removal contractor that let the danger exist. That matters if the fall happened on an icy parking lot, broken stair, unsafe apartment walkway, poorly lit entrance, or a neglected sidewalk during early winter freeze-thaw conditions around Rock Springs.

Wyoming workers' comp generally blocks a lawsuit against the employer, but not against a negligent third party. A separate injury lawsuit usually has a 4-year deadline in Wyoming. If the dangerous property was owned by a city, county, school district, or the state, special government-claim rules can shorten the timeline and add notice requirements.

What changes next is practical:

  • Preserve photos, video, weather conditions, incident reports, and names of witnesses
  • Identify who controlled the property that day, not just who occupied it
  • Find out whether a maintenance or snow-removal company was responsible
  • Keep the workers' comp file because the comp carrier may seek reimbursement from any third-party recovery

Another myth: if your employee was partly careless, the claim is not automatically dead. Wyoming uses modified comparative fault. Damages can be reduced, and recovery is barred only if the injured person is 50% or more at fault.

So the real shift is this: before, it looked like an internal comp matter; after, it may also be an outside liability claim that affects insurance, subrogation, and who ultimately pays.

by Colleen Flynn on 2026-03-28

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

Find out what your case is worth →
← All FAQs Home