21st April 2008

Compensation Claim Successful For Injury At Work - Client Slipped On Water On The Toilet Floor

When our client undertook a routine visit to the toilet at her place of work, she suffered a serious personal injury when she slipped and fell on water left on the tiled floor by another employee. She asked for our personal injury compensation advice for this accident at work and subsequently asked us to represent her in bringing an injury at work compensation claim against her employer.

The injury at work happened as she entered the toilet area. Her foot slipped and although she tried to grab hold of the sink to prevent herself falling, she landed heavily on both knees, hearing a pop which caused immediate pain in one of her knees.

She struggled to return to her desk and sought the attention of a supervisor, who called a first-aider. Our client’s knee was now swelling considerably and the first-aider suggested she should be taken to the A&E of the local hospital. Despite the serious nature of this injury, and the circumstances in which she had sustained the injury, her employer declined to provide transport, and she was left to organise a taxi and travel alone to the hospital. The first-aider remained with her whilst she waited for the taxi but did not accompany her.

On arrival at the hospital, our client underwent MRI scans and x-rays that confirmed that she had suffered an injury to her ligament. After several months of treatment, much of which left her immobile for weeks at a time, when there was no improvement to the injury, and our client was unable to walk or go to work, an operation to carry out an ACL, or anterior cruciate ligament, reconstruction was carried out. Although this did improve the injury a little, our client is left with permanent damage, is unable to bend or kneel, and can no longer take part in the sporting activities she used to enjoy.

Having worked for her employer for several years, her job was very responsible and involved extensive travel around the UK. Unfortunately, she was now unable to carry out this part of her work. Her employer made her redundant some months after the operation, which had again left her immobile for some time, and our client feels that her inability to carry out her full duties as a result of this injury at work, had had an impact on this decision. Although she has been successful in obtaining full-time employment elsewhere, she is earning considerably less than she had been before the accident.

The defendant continued to deny liability and eventually Court Proceedings were issued. At trial, the defendant tried to argue that our client was wearing high heels and that this would have contributed to the accident. However, she was adamant that she was wearing court shoes (with low heels) and the Judge found for our client.

In addition, the defendant argued that the amount of water later found on the floor of the toilets could not have been sufficient to cause her accident. They stated that they had a system of inspection and cleaning in place, and that they could not have reasonably done more to prevent this accident at work. Again the Judge found for our client, stating that sufficient time had elapsed for the water to have dried up or been cleared up by another employee.

Our specialist personal injury solicitors fought for our client, and this resulted in the Judge awarding her over £8,000 in accident at work compensation for her injuries and loss of earnings, finding that the defendant was vicariously liable. Vicarious Liability is the obligation which falls on one person as a result of an action of another. Within employment law it would be the liability of an employer for the acts and omissions of his employees.

Compensation Claim

Clear Answers’ lawyers have teams of specialists waiting to help you, should you decide to instruct us to represent you in your claim. We specialise in all types of personal injury claims, including slips, trips and falls.

The person responsible for your accident will pay our legal fees, and our service will be cost-free for you. Whether you were injured as a result of an accident at work, or whether your accident happened in a public place, you will receive 100% of your compensation if you select Clear Answers to represent you in this matter.

If you or a family member has been injured in these circumstances, please ring us on 0800 783 9019 and speak to one of our advisers. Our lawyers will be happy to provide you with expert legal advice, talk you through the claims process in plain English and answer any questions you may have regarding your claim. Alternatively, you may prefer to complete one of our online compensation claim forms and one of our representatives will contact you as quickly as possible.

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