A guide to making a No Win No Fee trip over tools work accident claim
Accidents in the workplace are unfortunately all too frequent. Individuals have a legal right to the expectation of all reasonable steps being taken to keep them safe from harm at work. This means that if accidents do occur, a claim for compensation for any injuries sustained could be made.
The Workplace (Health, Safety and Welfare) Regulations 1992 were created with the intention of protecting workers in their everyday workplaces. They impose a duty of care on employers to keep these areas safe and hazard free. The most common workplace accidents are slips, trips and falls. These incidents can potentially cause grievous harm, suffering and injury to employees while going about their usual working business.
How do the Workplace Regulations protect me?
One of the Workplace Regulations specifically refers to safety aspects of traffic routes in the workplace. This means the usual pathways you would take to walk around workbenches, desks and equipment in your working environment.
Regulation 12 (3) states:
So far as is reasonably practicable, every floor in a workplace and the surface of every traffic route in a workplace shall be kept free from obstructions and from any article or substance which may cause a person to slip, trip or fall.
Employers have a duty to ensure traffic routes are clear and safe for their employees in a number of ways, including:
- Having employee policies in place regarding the proper storage of tools and clearing up of waste and spillages
- Keeping floor surfaces well maintained and non-slippery (from oil, water, or other substances)?
- Providing proper storage facilities for clothing, tools and liquids
- Carrying out safety risk assessments, particularly where the layout or equipment in the work environment has recently changed?
All of these are designed to reduce the risk of slip, trip and fall hazards in the workplace.
If an accident happens, an employer could be held liable to pay personal injury compensation to their employee. This would be the case if the employer was proven to be negligent or in breach of the duties detailed within the Workplace Regulations legislation.
Can I claim if I tripped over tools in the workplace?
Tripping over tools in the workplace can definitely be a legitimate cause to make a personal injury compensation claim. You would make the claim from your employers.
To be successful, there must be evidence that your employer has been in breach of the Regulations. It must be shown that these breaches resulted in hazardous traffic routes within your workplace environment. Environments where tools are routinely left untidily on floors, or where there is nowhere to store them safely, are more likely to be viewed as hazardous workplaces.
Compensation can be claimed for a number of things including:
- medical expenses
- personal pain and suffering
- loss of amenities
- loss of future earnings
- costs of adapting your home to accommodate life-changing injuries?
The overall claim will depend on a number of factors, including the severity of the injury, recuperation time and any on-going impact of the injury.
How do I start to make a claim?
In the first instance, speak with an expert personal injury lawyer. They will be able to advise you on your claim, talk you through the next steps and help you prepare your case.
Speak to our panel of solicitors to find out more.
To get an initial idea of how much compensation you could receive, call us on?0800 612 7456 or try our Compensation Calculator.