Slipping Accident Compensation Awarded To Nursing Auxiliary After Clean As You Go Policy Fails
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Home > News > Slipping Accident Compensation Awarded To Nursing Auxiliary

8th September 2008

Slipping Accident Compensation Awarded To Nursing Auxiliary

A nursing auxiliary asked for our compensation claims advice on bringing an accident claim against her employers. She had slipped and fallen on water, which had been spilled on the ward where she worked. Although there was a ‘clean-as-you-go’ policy in place, the water had not been properly cleaned up.

Injury At Work Following Slip, Trip and Fall Accident

Our client had recently started her shift in the morning and was preparing, with other staff, to serve the patients with breakfast. As she approached a cupboard on the ward, she slipped without warning and fell heavily to the floor. To try to break her fall she put out her dominant hand but it hit an object in front of her, causing her to fall awkwardly onto her other side, injuring her elbow and knee.

She immediately felt faint and nauseous and sat for some minutes on the floor until she felt able to move to a chair. She shortly attended her own A&E department to have her injuries treated, which by now had become extremely painful.

Following her slipping injury at work, our client was unable to return to work for two weeks. However, it took considerably longer for the injuries to heal completely, and her knee took several months before the pain subsided completely, during which time it caused her some difficulty with walking.

Breach of the Workplace Regulations

As she sat recovering from her slipping accident, our client had noticed a smear on the floor, which she believed to be the remains of a water spillage that had not been fully cleaned up. Our client confirmed that like all staff, she had been trained to be vigilant in implementing the defendant’s policy of ‘clean-as-you-go’, which was applied with some vigilance.

However, on this occasion, it was our client’s opinion that an attempt had been made by a member of staff to clean the spillage without success, and that the spillage had probably occurred before her day shift had begun work.

Court Proceedings Issued For Slipping Accident Compensation

Throughout the claims process, the defendant had denied liability, suggesting that the fall had been the result of our client’s own lack of care and failure to have regard for her own safety. It was therefore necessary for our specialist personal injury lawyers to issue court proceedings.

Although the Judge accepted that the defendant had in place a reasonable procedure for dealing with spillages, he found that on the balance of probabilities, it had been a member of staff who had failed to clean up the spillage correctly. This meant that in accordance with Regulation 12 of The Workplace Regulations, the defendant was liable for that person’s negligent actions.

The Judge found in favour of our client and awarded slip, trip and fall compensation for her in the sum of £2,500.

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, especially slips, trips and falls.

Whether your slip, trip or fall happened as a result of an accident at work, or whether your accident happened in a public place, 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. 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. Our lawyers will be happy to provide you with expert legal advice, to talk you through the claims process in plain English and answer any questions you may have regarding your claim.

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