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Home > News > Accident compensation for worker injured at work in tripping accident

23rd February 2009

Accident compensation for worker injured at work in tripping accident

A maintenance worker who was frequently required to carry out work on the roof, asked for our personal injury compensation claim advice when he tripped and fell on an unmarked hazard.

Although liability was admitted by his employer, their insurers refused to agree an acceptable settlement, and our specialist accident at work lawyers were forced to issue court proceedings. However, before the trial, we were able to negotiate personal injury compensation of over £20,000 in compensation for our client’s pain and suffering, and ongoing discomfort and restricted movement.

He received 100% of his accident compensation, and he did not pay a penny in legal fees.

Unmarked tripping hazard

Our client was on the roof of a building, working as part of a team. As he moved along the roof, he tripped and fell heavily, immediately feeling pain in his ankle. When he was able to take notice, he realised that the roof, which was flat, had a change of level. Both levels were a similar colour and it was difficult to see where that change occurred.

Our client had not been warned that there was a hazard of this nature and since the accident, the change in height has been marked clearly to prevent further accidents.

Breach of statutory duty

The claim was made against his employers on the basis that they were negligent and in breach of statutory duty, which requires employers to ensure they provide a safe working environment for their employees, carry out risk assessments to remove any foreseeable risk of injury. Where the risk cannot be removed completely, ensure such risks are minimised and in this instance, clearly made visible to an employee.

Several regulations apply to this duty of care, including the Management of Health & Safety at Work and Fire Precautions (Workplace) Amendment Regulations 2003, and the Workplace (Health, Safety & Welfare Regulations 1992.

Injury at work

Eventually able to make his way down to the ground, he was in considerable pain and his ankle extremely swollen. He was taken to hospital where his injury was x-rayed.

After examination, our client was told that he had severed a tendon. He was initially provided with a support cast and a few days later, when the swelling had subsided a little, he was admitted to hospital for an operation to repair the tendon. This was an extremely painful procedure and was done under local anaesthetic. He was then put in a plaster cast for several weeks and had to move with the aid of crutches whilst this was in place.

It was several further weeks before he was mobile enough to return to work, and then only on light duties for some further weeks. During his recovery, our client received several sessions of physiotherapy and it is now recognised that he is unlikely to recover the full mobility he experienced before the accident at work.

Although he was eventually able to return to his previous work, he still suffers considerable plain and discomfort when walking for long periods and is unable to climb ladders as he used to.

Many of his hobbies and social activities are now unavailable to him and he has difficulty carrying out many of the heavier tasks around the home and garden.

Injury at work compensation claims

Our advisers will be happy to talk you through the injury at work claims process, in plain English. They will provide you with expert legal advice to answer any questions you may have regarding your personal injury claim.

Clear Answers’ lawyers are specialists in all types of injuries at work, including slips trips and falls. We have teams of experts waiting to help you, should you decide to instruct us to represent you in your accident claim.

If you or a family member has suffered an accident at work, please ring us on 0800 783 9019 and speak to one of our advisers. Alternatively, you may prefer to complete our online compensation claim forms and one of our representatives will contact you as soon as possible.

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