In this guide, we will discuss when you could be eligible to make a personal injury claim after tripping on a walkway obstruction at work. All employers have a duty of care to protect the health and safety of their employees in the workplace. Should they breach their duty, it could result in you sustaining injuries in an accident at work. This would be negligence, for which you may be eligible to pursue compensation.
Injuries sustained in slip, trip and fall accidents could have various negative impacts on your quality of life. For example, you may be left with permanent disabilities that prevent you from working. This could lead to financial struggles due to the loss of income. In the case of a successful personal injury claim, these impacts are considered when valuing the level of the award. Continue reading this guide to learn more about how compensation can be calculated.
Also, you can speak to a member of our team if you have any questions relating to starting your personal injury claim, such as ‘I hurt myself at work, how do I claim compensation?’. Our advisors are available to provide free, confidential advice 24/7, so you can get in touch at any time that suits you.
To contact an advisor, please:
Browse Our Guide
- When Could You Claim If You’ve Tripped On A Walkway Obstruction At Work?
- Causes Of Walkway Obstruction Accidents At Work
- Evidence Which Could Help Prove Workplace Accident Claims
- I Tripped On A Walkway Obstruction At Work, What Could I Claim?
- Get Advice On Your No Win No Fee Claim
- Learn More About Claiming Against Your Employer
After sustaining injuries due to a walkway obstruction accident at work, you may be wondering, ‘what are my employer’s responsibilities?‘. The Health and Safety at Work etc. Act 1974 (HASAWA) details the duty of care that all employers owe to their employees. This means that they must take all reasonably practicable steps to ensure the safety of their employees.
These steps can include:
- Performing maintenance and repairs within the suitable time frame
- Providing proper training to employees
- Carrying out risk assessments
- Ensuring the working environment is, so far as is reasonably practicable, safe and adequate.
If an employer failed to carry out these reasonably practicable steps, they would have breached their duty of care. However, in order to make a personal injury claim, it’s important that your case meets the conditions of negligence. This is as follows:
- Your employer owed a duty of care to you at the time and place of the accident
- They breached this duty of care
- You sustained injuries as a result of the breach
Additionally, it is important that you begin your claim within the relevant time limit, which we will discuss in the next section.
How Long Do You Have To Claim Injuries Due To A Walkway Obstruction At Work?
As per the Limitation Act 1980, you generally have three years to start a personal injury claim from the date of the accident or the date that you learned of negligence. However, when considering how long after a workplace injury you can claim, it is important to also consider the exceptions to these time limits.
If the person was under the age of eighteen when the accident occurred or lacks the mental capacity to make a personal injury claim, then the courts can appoint a litigation friend to make the claim on their behalf.
In the case that a claim has not been made before a person turns eighteen, then they can bring forward the claim within three years of their eighteenth birthday. Also, in the case that a person regains their mental capacity and a claim has not yet been made, the three-year time limit will start from their recovery date.
Speak to a member of our team if you would like to know what time limits are applicable to your personal injury claim after you tripped on a walkway obstruction at work and sustained injuries.
The Health and Safety Executive (HSE), which is Britain’s national regulator for workplace safety, provide statistics collated from employer reports made under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). They show slips, trips, and falls on the same level were the most common accident kind that resulted in non-fatal injuries during 2021/22.
Slips, trips, and falls could be caused by a walkway obstruction. A walkway could be obstructed due to the following reasons:
- A warehouse is at maximum capacity and has no storage space left. This leads to boxes being left in the walkways.
- Trailing wires run across a walkway in an office.
- Workplace equipment, such as a ladder, is left unattended obstructing a walkway.
To discuss your claim with one our advisors, don’t hesitate to get in touch.
You should obtain evidence if you decide to pursue compensation for injuries sustained in a walkway obstruction accident at work. This can support your claim and help prove your injury was caused by negligence. Potential types of evidence that you could gather include:
- CCTV footage
- Photographic evidence
- Copies of medical records
- Contact details of any potential witnesses to your injury
- A diary of the symptoms you’ve experienced due to your injury
If you would like guidance on the evidence you could provide to strengthen your personal injury claim, speak to a member of our team.
General damages is one of the two potential heads that could form a personal injury settlement awarded after a successful claim. It compensates for the psychological harm and physical pain and suffering caused by your injuries.
The table provided below was created using the Judicial College Guidelines (JCG). Accident at work solicitors can use the JCG to estimate the value of the general damages head of claim. It’s important to note that these are guideline compensation brackets and not an exact representation of what you will receive for a successful claim.
|Injury||Severity||Compensation Bracket Guidelines||Notes|
|Injury Resulting From Brain Damage||Moderately Severe (b)||£219,070 to £282,010||The person is very seriously disabled, requires constant care and substantially depends on others.|
|Back Injuries||Severe (a)(i)||£91,090 to £160,980||Cases that involve damage to the person's spinal cord and nerve roots resulting in multiple serious consequences.|
|Back Injuries||Severe (a)(ii)||£74,160 to £88,430||Cases with special features, this includes nerve root damage with an associated loss of sensation and further problems.|
|Arm Injuries||Severe (a)||£96,160 to £130,930||Injuries falling short of amputation but which are still extremely serious. This leaves the person not much better off than if their arm was lost.|
|Injuries to the Pelvis and Hips||Moderate (b)(i)||£26,590 to £39,170||The person will sustain a significant injury to the pelvis or hips. Although any permanent disability will not be major and future risk not great.|
|Injuries to the Elbow||Less Severe Injuries (b)||£15,650 to £32,010||Injuries resulting in an impairment of function, but not involving a significant disability or requiring of major surgery.|
|Leg Injuries||Less Serious (c)(i)||£17,960 to £27,760||The person will have fractures from which they will make an incomplete recovery or soft tissue injuries of a serious nature.|
|Ankle Injuries||Moderate (c)||£13,740 to £26,590||Within this bracket, the person will have injuries, such as fractures or ligamentous tears, that lead to less serious disabilities.|
|Knee Injuries||Moderate (b)(i)||£14,840 to £26,190||The person will have injuries that involve dislocation, torn meniscus or cartilage resulting in minor instability, weakness, or other mild future disability.|
|Wrist Injuries||Less Severe (c)||£12,590 to £24,500||Injuries within this bracket will be less severe but will still lead to some permanent disability, such as stiffness and a degree of persisting pain.|
How Special Damages Could Also Compensate You
Special damages is the second head that could form a settlement, which provides reimbursement for past and future financial costs resulting from your injuries. These can include:
- The cost of care
- Loss of earnings
- The cost of adaptations to your home
- Travel expenses
You should provide evidence in order to support a claim for financial losses. This could be bank records, invoices, payslips or receipts.
If you have been injured in an accident at work due to a walkway obstruction, and meet the eligibility criteria to bring forward a claim, please contact our advisors for an estimation of the potential compensation you could receive.
Our advisors can carry out an assessment of your walkway obstruction accident claim. If they find that you may be eligible to pursue compensation, they could place you in contact with one of the No Win No Fee solicitors from our panel, who could offer to work on your claim under a Conditional Fee Agreement (CFA).
This contract will generally mean that you will not pay for the services provided by your No Win No Fee solicitor at the following times: upfront, during your ongoing claim or in the case your claim resolves unsuccessfully.
On the other hand, in the case that you’re successful in your pursuit of compensation, your solicitor can receive a success fee. This is a small percentage taken from the compensation, which is capped by legislation.
Contact Us For More Information
If you have any more questions about starting a personal injury claim for a walkway obstruction accident, contact a member of our team.
To speak to an advisor, please:
To learn more about making a claim for injuries sustained in a walkway obstruction accident, then you can read more of our guides below:
- Can I Claim For Falling Down The Stairs At Work?
- Who Pays My Work Injury Medical Expenses?
- I Didn’t Take Time Off Work After An Accident, Could I Still Claim?
Alternatively, you can use the external links provided below:
Thank you for reading this guide to making a personal injury claim after sustaining injuries in a walkway obstruction accident at work. If you have any other questions, please get in touch using the details provided above.
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