When you can claim for slipping on ice at work
Employers are duty bound to provide a safe working environment and follow health and safety practices to prevent accidents at work. While icy weather can’t be prevented, employers do have responsibility to reduce the risk to workers from slipping on ice. If it can be proven they should have done more to stop such accidents happening, and you injure yourself as a result, we can help you to make a claim for a fall at work.
So what is your employer’s duty of care to prevent slips on ice at work? In the same way risk assessments are required to prevent other accidents, they should also be carried out for areas that are likely to become slippery during snowy or icy weather. This means assessing and preparing for such weather conditions, making changes to reduce risk and ensuring staff are aware of any dangers.
In some instances this may mean providing safety equipment to employees who have to work in icy conditions, but on the whole your workplace should reduce the risk of slips and falls on ice by:
- Identifying and assessing the most used routes by staff
- Clearing snow, gritting or salting ice in these areas within a reasonable timeframe
- Warning staff where there is a danger of slipping on ice
- Providing alternative, safer routes if possible
- Allowing staff extra time to travel to and from work in extremely cold weather
If your employer hasn’t taken any action to avoid accidents in an icy workplace and neglected their legal duty of care, they can be held responsible for any injuries. If you’ve been injured after a slip and fall on ice at work and you think your employer has failed to protect your safety (with inadequate PPE, for example, or proper training for work in icy conditions) you may well be able to claim personal injury compensation. Make sure you understand your rights following a work injury, particularly if you’re still working and worried about your health.
When you can claim for slipping on ice in public
As with places of work, if you slip on ice in a public place you might be able to claim if it can be shown there was a likely risk of injury that could and should have been avoided. Such places are responsible for visitors’ safety under the Occupier’s Liability Act 1957.
For example, car parks and entrances to schools and hospitals should be cleared of snow and icy patches salted or gritted – or signage situated to warn of the hazards. Steps and platforms at bus and train stations are also subject to higher duties of care. The Health & Safety Executive outlines what should be done to protect the public from ice, frost and snow on its website.
Where there’s a risk of injury due to slipping on ice at the entrance to a shop, or supermarket, for example, the management has a responsibility to clear the ice in a reasonable time, erect a hazard sign to warn customers of a possible danger and ensure that the area is treated to prevent ice developing. If the business can be shown to have failed to take these steps, they could be held liable for injuries sustained should a customer slip and fall.
If you fall in any of these places because you slipped on ice, ensure that your accident is recorded in the accident book and seek medical attention. It is likely that we will be able to take such a claim forward for you.
Another scenario in which you could pursue a claim, albeit a more difficult task, is if you were injured in a road traffic accident on a major road and it could be proven that a local authority had failed to treat the highway in question when they should have done.
When you’re unlikely to win a claim for an accident due to ice
The same rules do not necessarily apply to all locations. For example, if you were to slip on ice in the car park of a supermarket, it is unlikely that you could hold them liable for your injuries. Whilst they would have a responsibility to ensure that the entrance area, trolley storage area and shop floor were free from hazards, it is doubtful that a court would agree they should have ensured the car park was also free from ice and fully gritted or salted.
The same applies to accidents on pavements. Local authorities have a responsibility to grit the roads and they do so in order of importance, with major routes like motorways and A-roads being prioritised over lesser roads. Pavements are generally left untreated as it isn’t really feasible to expect the local authority to have the manpower or equipment to treat all roads and pavements in winter weather.
Typically, should someone slip and fall on an icy footpath, it is highly unlikely that they would be able to prove sufficient liability against the local authority highways department responsible for the path. So in a nutshell, if you are walking on icy paths, take care – you are unlikely to be able to claim compensation for any injuries sustained.
How to prove your claim is valid
To prove a claim for slipping on ice you will usually need evidence and/or witnesses to back it up. Without evidence your slip happened, it’s unlikely you’ll be able to claim, so you’ll need to report the details of your accident to the right people.
Ideally, the accident should be recorded with the people responsible for the area in which it happened. Your employer and any location open to the public should have an accident book and a way of recording incidents. This provides evidence your injuries occurred on their patch.
In the case of a slip on an icy footpath, the matter should be reported to the Highways Department of the local authority.
If you fall in a shop or restaurant, it should be recorded in an accident book within the premises. If you can’t do that, take photos or send a letter reporting the incident to the management.
Medical evidence will also be used to value your injury claim, so it’s important to seek professional medical treatment for your injuries at the earliest opportunity.
If all this seems a bit complicated, or you haven’t done any of the above, don’t worry – if you we can talk you through it and help you to complete the necessary steps.
Compensation amounts for injuries caused by slips on ice
How much compensation you can claim is calculated from the severity of the injury, your financial losses and the impact on your quality of life. For example, a wrist injury that has resulted in permanent pain and stiffness could amount to between £10,000 and £20,000. On top of that, a claim would include an amount that takes into consideration:
- The pain and distress caused to you by the injuries sustained
- Associated costs and losses
- Lost earnings if you have been away from work as a result of the accident
- Medical treatments, rehabilitation therapies and post accident care
- Restrictions on your ability to fulfil your usual activities and social life
- Miscellaneous expenses (bus fares, painkillers etc)
There are guidelines issued by the courts for solicitors, but it’s impossible to say exactly how much you can expect as all cases vary. The figures below are for the injury only, and exclude the extra considerations above, so the final settlement may be much higher.
| Type of injury | Compensation amount |
|---|---|
| Neck injury | £2,000 - £140,000 |
| Minor brain or head injury | £2,070 - £11,980 |
| Finger injury | £4,000 - £85,000 |
| Wrist injury | £3,310 - £44,690 |
| Hip or pelvis injury | £3,710 - £24,950 |
| Fractured forearm | £6,190 - £18,020 |
| Permanent back injury | £11,730 - £26,050 |
| Serious shoulder injury | £11,980 - £18,020 |
| Ankle injury | £12,900 - £46,980 |
Make a no win no fee claim
With a No Win No Fee agreement a claimant will pay nothing if their claim is unsuccessful, so you have nothing to lose and much to gain if you can make a successful claim. Only if you win compensation do you pay your solicitor’s success fee, which is usually around 25% of the total received.
If you are unsure whether or not you can claim personal injury compensation as a result of slipping on ice, the best thing to do is ask us. We’ll let you know whether or not we think you have a viable claim and if so, help you to win a settlement for your injuries, expenses and lost earnings.
You can call us on 01225 430285 or , and one of our expert team will be in touch. We’ll only need a few minutes of your time to let you know if you can make a claim. With over 28 years’ experience, you can use our knowledge and expertise to get your claim off to the best start. There is no charge for assessing your case.
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