A guide to making a No Win No Fee uneven walkway accident claim
An employer has a duty of care to ensure that the work premises are safe and hazard free for all employees.
This means that the workplace should undergo regular checks to ensure that all surfaces, furniture, fittings and equipment are maintained and could not contribute to a workplace accident. If an individual has an accident because an employer has failed to repair or maintain a walkway or floor surface then it may be possible to make a compensation claim.
Regulation 12 of The Workplace Regulations 1992 highlights an employer's role in ensuring that pathways in the workplace are safe:
'(1) Every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used'.
The area should be free of hazards and should not be used for storage. Employees should receive full training and be aware of vehicles that may be moving around in the area.
The regulation further states that:
'(2) (a) the floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety'.
If the damage to the walkway or pathway has been reported and the employer fails to act then an injured person may be able to make a compensation claim.
However, there may be some leeway if the issue had been reported immediately before the incident. In this case, the employer may not have had sufficient time to fix the problem. A potential Claimant may wish to seek legal advice in order to discuss the likelihood of their claim's success.
Making a compensation claim
If a person is injured at work then they should seek immediate medical attention. The injured person should ensure that the accident is reported to the employer and recorded in an accident book as soon as possible. If possible, photographs should be taken of the scene as evidence. An injured person may wish to gather the names and addresses of any witnesses as they may be contacted to provide statements in the future.
If the accident happened after 31st July 2013 then the solicitor will complete a Claim Notification Form that will be submitted directly to the employer's insurance company. If the accident happened before 31st July 2013 then a letter of claim will be completed.This will work in the same way as the form.
How much compensation can be claimed?
The compensation sum differs from case to case. A Claimant may be able to claim compensation for the pain and suffering they have endured as a result of the accident. Claimant's may also be able to claim compensation if the accident has made a pre-existing medical condition worse.
A Claimant may also be able to claim for additional expenses such as medical costs and loss of earnings. All receipts should be retained as evidence.
For more information about making a claim, call Quittance on 0800 612 7456 or try our enhanced compensation claims calculator.