Throughout this guide, we will examine who can make a workplace injury claim after their employer failed to carry out a slips and trips risk assessment.
In this guide, we will look at the eligibility criteria for making a personal injury claim following a workplace accident.
Additionally, we will provide some examples of how slips and trips can be caused in the absence of a risk assessment.
According to the statistics published by the Health and Safety Executive (HSE), the national independent regulator for health and safety in the workplace, slips, trips and falls are the most common accidents, making up 30% of them.
You will see a compensation table further down in this guide that contains amounts brackets we have taken from a document used when legal professionals are calculating compensation.
Evidence plays an important role in every successful claim. It is used to prove your slip and fall claim; therefore, we will provide some examples of evidence you might look to provide.
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You can speak with one of our friendly advisors for free if you’d like more information regarding a personal injury claim. If they believe that a solicitor from our panel will be of use to you, they may put you in contact.
Select A Section
- My Employer Didn’t Carry Out A Slips And Trips Risk Assessment – Am I Eligible To Claim?
- What Could Happen In The Absence Of Slips And Trips Risk Assessments?
- Injured In A Slip At Work – Compensation Examples
- Evidence To Support Injury Claims Caused By The Lack Of A Slips And Trips Risk Assessment
- Claim For A Slip At Work Settlement With A No Win No Fee Solicitor
- Find Out More About Slips And Trips Claims
Every employer owes their workforce a duty of care under The Health And Safety at Work etc. Act 1974. This piece of legislation dictates that employers must take reasonable steps to ensure employees are safe while at work. To achieve this, an employer should train staff to do their job safely, provide any equipment that is needed to do the job safely and also risk assess not only the workplace but also the job tasks too.
Therefore, in order to have a valid claim, you must satisfy the eligibility criteria and prove the following:
- Firstly, you were owed a duty of care at the time and place of the incident
- Secondly, this duty was breached.
- Thirdly, this breach resulted in your injuries.
This is known as negligence.
To find out if you can make a claim for a workplace accident, after an injury caused due to no slips and trips risk assessment being completed, speak to one of our advisors today for free. They may connect you with a solicitor from our panel if they believe you have a claim.
Risk assessments are an important duty employers should carry out to reduce or eliminate risks to their employees. The Health and Safety Executive (HSE) provides a risk assessment template to give you an idea of how risks can be managed.
Below we will give you some examples of how injuries could occur from slips, trips and falls:
- Slipping on a wet floor due to there being no signage of the hazard.
- Slipping and falling down the stairs due to a faulty handrail.
- Not being provided with the appropriate Personal Protective Equipment (PPE), in this scenario, it could be appropriate footwear to prevent a slip.
How Do I Know If My Injury Was Caused By Negligence?
By contacting us for free, our advisors can assess whether your injuries were caused because of a breach of the duty of care owed to you.
Personal Injury Claim Time Limits – What Are They?
In general, the standard claim time limit for personal injury claims is three years from the date of the accident, outlined under the Limitation Act 1980. However, there are factors that can suspend this period, such as:
- A claimant being mentally incapable of claiming for themselves would lead to the limitation period being paused until they have regained capacity.
- Or, a child who is under 18 cannot claim and will have their limitation period stalled until their 18th birthday.
Although, while the time limit is suspended, a court-appointed litigation friend can claim on their behalf.
Following a successful claim, you may receive compensation from up to two heads. Accounting for the pain and suffering caused by your injuries, general damages is the primary head of claim.
Below we have provided a table of compensation figures taken from the Judicial College Guidelines (JCG), a tool used to value claims.
Injury Value Notes
Paraplegia £219,070 to £284,260 Awards will vary on factors including the amount of pain, level of independence, their age and life expectancy.
(B) Severe Back Injuries (i) £91,090 to £160,980 Severe pain and disability accompanied by an incomplete paralysis and effects to bladder and bowel control.
(K) Severe Knee Injuries (i) £69,730 to £96,210 Disruption of knee joint, gross ligamentous damage accompanied with considerable pain and loss of function.
(J) Severe Leg Injuries (ii) £54,830 to £87,890 Permanent problems with mobility that necessitates walking aids for the rest of the injured person's life.
(L) Very Severe Ankle Injuries £50,060 to £69,700 Bilateral ankle fractures and injuries that cause the risk of any future damage might necessitate a below-knee amputation.
(I) Serious Hand Injuries £29,000 to £61,910 Hand is reduced to 50% capacity.
(D) Severe Hip/Pelvis Injuries (iii) £39,170 to £52,500 Fracture of an arthritic femur or hip necessitating a hip replacement.
(G) Less Severe Elbow Injuries £15,650 to £32,010 Injuries causing impaired function without major surgery.
(H) Wrist Injuries (c) £12,590 to £24,500 Less severe injuries that resulted in permanent disability.
(C) Shoulder Injuries (e) £5,150 to £12,240 Fracture of the clavicle. Award will depend on the severity of symptoms.
Please note that these figures are guidelines; they are not guaranteed sums you will receive.
If you would like your claim valued, contact our advisors, they may connect you with a solicitor from our panel who is trained in valuing claims.
How Are Special Damages Calculated?
The other head of claim is special damages. Special damages accounts for the past or future financial losses incurred due to the effects of your injury. Here are some examples of special damages you could claim for:
You can prove loss of earnings or finances through evidence which will be discussed in the next section. To find out what you could claim for after an injury caused due to the failure of your employer to carry out a slips and trips risk assessment, call our team today.
Evidence will be a key factor in a successful claim as it can prove who is liable for what has happened. Additionally, it can be used to display the extent of a person’s injury, both mental and physical, and financial losses incurred from the injury.
Here are some examples of evidence you could collect to prove an injury at work claim:
- CCTV footage of the accident can illustrate how it occurred.
- A diary of your treatment and recovery can show the physical and mental state after the injury compared to before.
- Medical records can be used to prove the extent of an injury.
- Photographing your injury and the site can show the extent of an injury and help prove negligence.
- Contact details can be provided of eyewitnesses who could make a statement supporting your account of the incident.
- Filling out your accident at work book can also be used as an account of how the injury occurred.
One of the services our panel of solicitors provide is helping clients collect evidence to present their case. You should speak with one of our advisors for free if you want some help collecting evidence; they can connect you with a solicitor from our panel.
Here at Advice, our panel of No Win No Fee solicitors work under No Win No Fee agreements such as Conditional Fee Agreements. Under the terms of these agreements, there are several financial benefits and security.
Firstly, there will be no upfront or ongoing costs to pay your solicitor for their services during the claim. Furthermore, you will not owe your solicitor anything in the event of an unsuccessful claim.
Following a successful claim, your solicitor will charge a success fee; this will be a small percentage of your compensation and is legally capped by the Conditional Fee Agreements Order 2013.
Are you interested in our services?
By contacting one of our advisors for free, you can discuss the details of your claim; they may be able to offer you the help you need. However, they may forward you to one of the solicitors on our panel with a distinguished experience in claims similar to your own.
Finally, we will provide some further resources relating to a slips and trips claim.
Browse some more of our guides:
- Learn more about eye injuries from incorrect PPE.
- Find out how to claim for slipping on ice.
- More information on construction site accident claims.
- Learn about claiming for serious accidents at work.
These external links may be of use:
- GOV.UK – Learn how to request CCTV footage of an accident.
- NHS – Find out how to get your medical records.
- HSE – Accident at work book.
To find out if you can claim after suffering an injury due to your employer failing to carry out a slips and trips assessment, call our team today.