Slips, trips, and falls are among the most common workplace accidents in the UK, accounting for 40% of non-fatal injuries reported under RIDDOR in 2022/23. While these incidents might seem minor at first glance, they can lead to serious injuries with long-lasting effects on your health, career, and financial stability.
As well as the pain and discomfort of an injury, it’s the stress of losing income that often forces workers to claim compensation. All employees are entitled to Statutory Sick Pay (SSP) if they do not get full sickness pay, but this is often not enough to live on.
Many workers hesitate to claim compensation after such accidents, fearing it may jeopardise their job or relationship with their employer. However, it’s crucial to understand that making a legitimate claim is your legal right. Employers are required by law to have insurance to cover such claims, and it’s illegal for them to treat you unfairly for exercising your rights.
Eligibility Criteria for Making a Claim
To make a successful claim for a slip, trip, or fall at work, you need to prove three key elements:
- Duty of Care: Your employer owed you a duty of care. This is typically straightforward as all employers have a legal obligation to ensure the health, safety, and welfare of their employees at work.
- Breach of Duty: Your employer breached that duty through negligence. This means they failed to take reasonable steps to prevent the accident.
- Causation: This breach directly caused your injury. There must be a clear link between your employer’s negligence and the accident that led to your injury.
Some examples of employer negligence that could lead to a valid claim include:
- Failing to clean up spillages promptly or provide adequate warning signs
- Not providing proper safety equipment for working at height
- Allowing tripping hazards to obstruct walkways or work areas
- Poor lighting in stairwells, corridors, or work spaces
- Lack of proper training on workplace safety procedures
- Failure to carry out regular risk assessments and act on identified hazards
- Allowing faulty equipment to be used
It’s important to note that simply being injured at work isn’t enough to guarantee a successful claim. You must be able to demonstrate that your employer was at fault in some way. If your own negligence was the sole cause of the accident, you may not have grounds for a claim.
However, even if you were partly at fault, you may still be able to claim. In such cases, your compensation may be reduced to reflect your share of responsibility, a principle known as “contributory negligence”.
The comments at the bottom of this article will further help you to understand the wide range of scenarios involved.
Remember, each case is unique, and the specific circumstances of your accident will determine your eligibility to claim. If you’re unsure whether you have a valid claim, it’s advisable to consult with our specialist personal injury solicitors who can assess your case in detail.
Slipping on Wet Floors
Slip accidents often occur due to:
- Liquid or food spillages
- Recently cleaned floors
- Rain, ice, or snow
- Leaking machinery, roofs, or pipes
Employers must take reasonable precautions to prevent such accidents, including prompt cleaning and proper use of warning signs. However, even if a hazard sign was erected, you could still be able to claim if it can be demonstrated that the sign was inadequately displayed – hidden or obscured from view, or located in the wrong place.
Tripping Hazards
Tripping accidents at work usually involve uneven floors and potholes in work areas and car parks. They can also arise as a result of a messy workplace. We’ve dealt with claims arising from:
- Rubbish or packaging on floors
- Broken steps or railings
- Uneven floor surfaces
- Loose wires or discarded items
Employers should identify and address these hazards promptly to ensure a safe working environment.
Falls from Height
These accidents can result from:
- Ladder accidents
- Scaffolding accidents
- Missing barriers or guardrails
- Unmarked floor holes
- Insufficient training on equipment use
We also see accidents involving falls from vehicle steps and tail lifts, forklift trucks and other plant machinery. The Work at Height Regulations 2005 specifically address these risks, requiring employers to provide proper training, equipment, and safety measures.
Common Injuries from Slips, Trips, and Falls
Common injury claims from these types of accident include slipped discs, fractures to the ankles, legs, arms and wrists, or to the coccyx area of the lower back. They can also cause people to suffer nasty soft tissue injuries with damage to the knees, hips and shoulders.
In most cases, people are left with mobility and independence impairments, whether temporary or permanent. In cases of severe injuries, such as an open fracture, we have also helped people who have suffered psychological trauma.
No Win No Fee Claims Explained
Most slip, trip and fall claims are handled on a No Win No Fee basis, also known as a Conditional Fee Agreement (CFA). This arrangement is designed to make legal representation accessible to everyone, regardless of their financial situation. Here’s what you need to know about No Win No Fee claims:
- No Upfront Costs: You don’t need to pay any legal fees at the start of your claim or during the process.
- No Financial Risk: If your claim is unsuccessful, you won’t owe anything to your solicitor. This protects you from financial loss if your case doesn’t succeed.
- Success Fee: If you win your case, your solicitor will take a success fee from your compensation. This is capped at 25% of your compensation by law.
- Insurance: Your solicitor will sometimes take out an ATE insurance policy to cover any costs if your claim is unsuccessful. This further protects you from financial risk.
- Transparency: Your solicitor should explain all potential costs clearly at the outset of your claim.
This arrangement allows you to pursue justice without worrying about upfront legal costs or the risk of being left with a large bill if your claim is unsuccessful. It also motivates your solicitor to work diligently on your case, as they only get paid if you win.
Overview of the Claims Process
Understanding the claims process can help you feel more confident and prepared as you pursue your compensation. Here’s a step-by-step overview of what to expect:
- Initial Consultation: You’ll have an initial discussion with a solicitor to assess the viability of your claim. They’ll ask about the circumstances of your accident and the impact it has had on you.
- Evidence Gathering: Your solicitor will help you collect evidence to support your claim. This may include accident reports, witness statements, CCTV footage, and medical records.
- Notification: Your employer (or their insurer) will be formally notified of your intention to claim.
- Investigation: The employer’s insurer will investigate the claim and respond, either accepting liability or denying it.
- Medical Assessment: You’ll undergo an independent medical examination to assess the extent of your injuries and their impact on your life.
- Negotiations: Your solicitor will negotiate with the employer’s insurer to reach a fair settlement. This often involves back-and-forth discussions.
- Settlement or Court: Most cases settle out of court. If an agreement can’t be reached, your case may proceed to court, but this is rare.
- Compensation: If your claim is successful, you’ll receive your compensation minus any agreed fees.
The duration of this process can vary significantly depending on the complexity of your case and whether liability is disputed. Straightforward claims might be resolved in 4-9 months, while more complex cases can take longer.
Throughout this process, your solicitor will keep you informed and guide you through each step. They’ll handle most of the legal work, allowing you to focus on your recovery while they pursue your claim.
To maximise your chances of a successful claim and ensure you receive fair compensation, follow these essential tips:
- Report the Accident Immediately: Ensure the incident is recorded in your workplace’s accident book as soon as possible. If there isn’t an accident book, or your employer won’t record your injury, report it in writing to your employer and keep a copy for yourself.
- Seek Medical Attention: Visit your GP or hospital promptly, even for seemingly minor injuries. This creates an official record of your injuries and demonstrates their severity.
- Gather Evidence:
- Take photographs of the accident scene and your injuries
- Collect contact details of any witnesses
- Keep a diary detailing your symptoms and how the injury affects your daily life
- Preserve Physical Evidence: If possible, keep the shoes or clothing you were wearing at the time of the accident, especially if they show marks from the incident.
- Document Financial Losses: Keep receipts for any expenses related to your injury, including travel costs for medical appointments and costs of care or assistance.
- Be Cautious with Social Media: Avoid discussing your accident or claim on social media platforms, as these posts could potentially be used against you.
- Follow Medical Advice: Adhere to all treatment recommendations and attend all scheduled medical appointments.
- Be Honest and Consistent: Provide accurate information to your solicitor, employer, and medical professionals. Inconsistencies can harm your claim.
- Act Promptly: While you generally have three years to make a claim, it’s best to start the process as soon as possible when evidence is fresh and more readily available.
- Choose a Specialist Solicitor: Work with a solicitor who specialises in workplace injury claims to ensure you receive expert guidance throughout the process.
If all this seems a bit complicated, or you haven’t done any of the above, don’t worry – if you contact us we can talk you through it and help you to complete the necessary steps.
Compensation Amounts
The amount of compensation you may receive for a slip, trip, or fall at work can vary significantly based on several factors. Compensation typically covers two main areas:
- General Damages: This compensates for pain, suffering, and loss of amenity (the impact on your quality of life).
- Special Damages: This covers financial losses directly resulting from your injury, including lost earnings, medical expenses, travel costs, and care costs.
While it’s difficult to provide exact figures without knowing the specifics of your case, here’s a rough guide to potential compensation amounts for general damages:
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 |
These figures are based on guidelines provided by the Judicial College, which courts and insurers use to value claims. Remember, these amounts are for general damages only. Your total compensation could be significantly higher when special damages are included. For instance, if your injury results in long-term inability to work, the compensation for lost earnings could be substantial.
It’s important to note that every case is unique, and these figures should be taken as a rough guide only. Your solicitor will be able to provide a more accurate estimate once they’ve fully assessed your case, taking into account all relevant factors including the specific circumstances of your accident, the severity of your injuries, and the impact on your life and work.
How To Start Your Claim
By making a claim, you’re not only standing up for your rights but also contributing to safer workplaces for everyone. Your health and wellbeing matter, and you deserve fair compensation if you’ve been injured due to someone else’s negligence.
If you’ve suffered a slip, trip, or fall at work, don’t hesitate to seek our advice. With over 20 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, so you have nothing to lose and much to gain if you can make a successful claim.
You can start your claim online or , and one of our expert team will be in touch. Alternatively, call us on 01225 430285. We’ll only need a few minutes of your time to let you know if you can make a claim.
Frequently Asked Questions
No, it is illegal for an employer to dismiss you or treat you unfairly for making a legitimate compensation claim. Such action could lead to an additional claim for unfair dismissal.
In most cases, you have three years from the date of the accident to start legal proceedings. However, it’s advisable to begin your claim as soon as possible while evidence is fresh and more readily available.
You can still make a claim even if your employer has ceased trading. The claim would be made against their insurance policy, which was in place at the time of your accident.
The vast majority of claims (over 95%) settle out of court through negotiations between your solicitor and the employer’s insurer. Court proceedings are usually a last resort if a fair settlement cannot be reached.
Yes, you may still be able to claim compensation even if you were partly responsible for the accident. However, your compensation may be reduced to reflect your share of responsibility, a principle known as “contributory negligence”.
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