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Trip Fell Over At Work Due To Another Employee Can I Claim? – Slips, Trips And Falls At Work Advice Guide

An Employer’s Duty to Reduce the Risk of a Fall At Work

Employers by law, have a duty of care towards you as one of their employees. The law requires that employers must set in place reasonable measures to ensure that workers and people visiting the workplace, are kept safe from harm and injury. These safety measures protect you from being involved in a workplace accident which includes you falling and injuring yourself while you are carrying out your work for an employer whether this is “onsite” or “offsite” due to the negligence of a fellow worker.

Your employer’s responsibilities towards you as an employee includes adhering to the following:

To regularly and routinely carry out maintenance work and repairs to a working environment when necessary and to ensure that all furniture, flooring, chairs and carpets are kept in good condition and to make sure that equipment is correctly maintained and stored away
To ensure that all areas in a working environment are kept clear of obstacles that could result in employees and other people tripping over and injuring themselves
To install anti-slip flooring where necessary and to erect handrails and guardrails on all sloping surfaces and work areas where there is a higher risk of employees and other people tripping and injuring themselves
To make sure that scaffolding, ladders and all tools and equipment used in height-related work are in good condition, secure and sturdy
To provide employees and visitors to a working environment adequate anti-slip footwear where necessary which includes on wet, icy or other slippery floor surfaces

Should you fall and injure yourself while you are at work due to the fact that an employer failed in their duty to protect you, it may be possible to claim compensation from them by filing an accident at work claim, even if a work colleague was responsible.

Your employer must also by law, have valid liability insurance issued by a recognised insurance provider. As such, when you claim accident at work compensation from your employer whether your case is disputed or not, it would be the insurance company that handles all aspects of your claim from the outset. It would be down to the insurer to pay the trip and fall at work compensation you may be awarded in a successful accident at work claim.

How to Claim Accident at Work Compensation for a Fall at Work Injury

An employer could choose to deny liability for the fall injury you sustained at work and may even attempt to hide or cover up the fact they did not adequately protect you in the workplace. As such, it is essential that you provide as much evidence of employer negligence as you can when filing an accident at work claim against them. The more proof you can provide relating to your fall in the workplace, the stronger your case would be and the more chance there would be that a solicitor would work with you on a No Win No Fee basis.

The sooner you can start gathering the evidence needed to prove your case after a fall at work that left you injured, the sooner you can get an accident at work claim under way and the faster you would be awarded compensation for the pain, suffering and loss of amenity you endured because of an error on the part of a work colleague.

What You Should Do After a Fall at Work That Left You Injured

As previously touched upon, for an accident at work claim to be valid, you would need to provide as much evidence of employer negligence as possible. You would also need to meet specific criteria which is that you sustained your injuries in the last 3 years and that the accident occurred in the workplace through no fault of your own but because of an error made by a fellow worker. The proof that is required is as follows:

Photos of your injuries
Photos of where the workplace accident occurred that show clearly why you fell and injured yourself whether it was because of a torn carpet, an obstacle or broken flooring to name but three reasons why the accident may have happened
If there is CCTV footage, request a copy from your employer who is obligated to oblige within an acceptable period of time
Make sure the accident has been officially recorded whether in an Accident Report Book or by some other official means whether by personal email or letter to your employer or person in charge. Make sure you keep a copy of the report for your own records as this would be needed when filing an accident at work claim
Make sure you seek medical attention and request an official report of the extent of the injuries you sustained when you fell in the workplace. Although there may not be any obvious injuries, you could well have sustained internal damage which may only become apparent days later
Keep a record of all out of pocket expenses and other costs you incur as a direct result of sustaining a workplace injury

Can I Include All My Financial Losses and Damages in My Fall at Work Claim?

Providing the costs and out of pocket expenses you incurred are as a direct result of the fall at work injuries you sustained, you could claim them back as part of the compensation you seek. These would be broken down into two separate parts as follows:

General damages compensate you for the injuries you sustained, your pain, suffering and loss of amenity. The level of fall at work injury compensation you may be awarded would depend on the extent of your injuries and how your life and ability to work have been negatively impacted
Special damages are awarded to compensate you for all the expenses and other costs you had to pay out due to the injuries you sustained in a fall at work. As such, the amount you may be awarded is much easier to calculate because special damages are based on “actual” expenses. This may include travel and medical expenses you had to pay out because of your injuries which you would not otherwise have had to pay. They also cover care costs and all other expenses you incurred because you suffered a fall at work that left you injured

What are My Workers’ Rights Following an Accident at Work?

If you were injured in a workplace incident whether your injuries are slight or a lot more severe, you have certain rights which includes the following even if the incident was caused by a work colleague:

To file an accident at work claim against your employer and to seek compensation for the injuries sustained and the out of pocket expenses you incurred as a direct result
That you cannot be sacked because you file a personal injury claim against your employer

If an employer says you cannot seek compensation from them by filing an accident at work claim or they tell you that you may be made redundant or sacked if you do, your employer would be acting unlawfully and as such, you could file further legal action against them.

What Are My Employer’s Responsibilities Towards Me in the Workplace?

There are employment laws, Health and Safety Executive regulations and other laws that protect you in the workplace which all employers must respect. These laws are there to ensure that you are kept as safe as possible while you are in the workplace. Employers have a duty of care to protect you when you are in their employment and must do the following to reduce the risk of harm and injury coming to you while you are at work:

That all employees and other workers are aware and abide by the working practices and procedures as laid out in the workplace
That you are provided with adequate personal protective equipment (PPE) so that you can carry out a job as safely as possible
That you are adequately trained to carry out a job and that ongoing training is regularly scheduled
That risk assessments are done on a regular basis to identify all hazards to employees and other people who visit a working environment
That all tools, machinery and equipment is maintained in good working order

Should you suffer an injury in an accident at work because your employer did not keep you safe from injury and harm because they ignored the guidelines as set out by law and the Health and Safety Executive, you could file for compensation. The reason being that your employer could be held responsible for the injuries you sustained while working for them.

Can My Employer Fire Me For Filing a Claim For an Injury Caused By a Work Colleague?

You cannot be sacked for filing an accident at work claim against your employer because a work colleague caused you to trip and fall which resulted in you sustaining injuries. Should your employer fire you, they would be acting unlawfully and as such, you may be entitled to seek further compensation from your employer. As such, you should contact a lawyer who would instruct you on how best to proceed with your claims.

How Long Do I Have to File a Trip and Fall Claim Against My Employer?

The time limit relating to personal injury claims must be respected for a case to be valid and upheld if it goes before a judge in court. Failing to abide by the strict 3 year time limit may end up with an accident at work claim being “statute barred”. As such, the sooner you start your claim, the better because it takes a lot of time and effort to gather all the proof needed to validate a case. The statutory 3 year time limit begins at different times depending on several things which are detailed below:

The time limit starts from the date of your injury in the workplace
The time limit begins from the date a medical professional linked a medical condition to the injury you sustained in an accident at work
The time limit starts from the day you turn 18 years of age should the workplace incident have happened before this date

How Can I Win a Fall at Work Injury Claim?

Personal injury claims can be complex and you need to know what evidence is required to support your case. There are legal requirements that must be met for your claim to be upheld whether liability is admitted or not. A solicitor with vast experience of representing workers and other people file personal injury claims would know how to put forward a compelling argument which would counter any arguments that may be presented by an employer’s liability insurance provider.

In short, it is better to seek legal representation sooner rather than later to avoid falling foul of the strict statutory 3 year time limit which must be adhered to if you want to file an accident at work claim against an employer who could be held liable for the injuries you sustained in the workplace through an error or misjudgement on the part of another employee or work colleague.

With a solicitor fighting your case on your behalf, you would have a much higher chance of winning your claim for injuries you sustained through the fault of a work colleague. Once a solicitor has assessed your case and had time to go over all the evidence you provided and decided that you have a strong case, they would work with you on a No Win No Fee basis. In short, you would not have to find the money to pay an upfront fee to the solicitor for them to begin representing you.

Should I Sue My Employer If a Work Colleague Was at Fault For My Fall at Work Injury?

All employees worker’s rights are protected by law in the UK which covers when injuries are sustained whether through employer negligence or because of an error/mistake on the part of a work colleague. Employers have a legal duty to hold valid liability insurance in place to cover such eventualities as harm and injury to employees and other people who visit a working environment.

It is the insurance company, which must be a “recognised” liability insurance provider, that handles all personal injury claims filed against employers. As such, should your claim be upheld whether disputed by an employer or not, it is the insurer who pays out the accident at work compensation on a trip and fall injury you sustained in the workplace through no fault of your own but through the error or mistake of a work colleague.

Should your employer admit liability for the injury you sustained, the insurer would typically offer you an “out of court settlement” preferring for you case not to go before a judge. However, if your employer denies responsibility, you may have to attend a court hearing. It is also worth noting that should an insurance company offer to settle your claim out of court, you should discuss the amount being offered with the solicitor who represents you prior to accepting this “initial” offer. The reason being that a lawyer would be able to negotiate a higher amount of accident at work compensation for you on your behalf.

Are There Any Benefits to Working With a Solicitor on a Claim?

If you have been injured in a workplace accident and you would like to seek compensation from an employer, you should contact a solicitor who specialises in work-related personal injury claims. An experienced lawyer would tell you if your claim is valid and would do so by offering you an initial, free consultation. Once a solicitor has determined that your employer could be held liable for the injuries you sustained at work, they would offer to start investigating your claim without requesting an upfront payment from you. The solicitor would draw up a Conditional Fee Agreement which you would sign.

This legal document, the No Win No Fee agreement, is a legally binding contract that sets out the Terms and Conditions. The agreement also sets out the “success fee” that would only be payable by you when you are awarded the accident at work compensation for the trip and fall injury you sustained in the workplace due to an error of a fellow worker.

There are many benefits to contacting a solicitor sooner rather than later with the first being that an experienced lawyer knows about the all-important “pre-action protocols” that must be respected when filing an accident at work claim against an employer. Other advantages of having a No Win No Fee solicitor representing you from the outset of filing your claim against your employer includes the following:

Lawyers have the right to refer to legal libraries when needed which they can do when researching your accident at work claim against your employer for injuries you sustained because a fellow worker caused the incident
Lawyers have vast experience in communicating with insurance providers when it comes to respecting the timescales for responding to letters they are sent relating to your accident at work claim. This can help speed up what can otherwise be a longer process
A lawyer would be able to tell you how much accident at work compensation you may be awarded in a successful work-related personal injury claim
A lawyer would make sure that you are examined by an independent medical professional who would issue a detailed report of the injuries you sustained in the workplace
A lawyer would ensure that you receive interim payment should a final settlement take longer to reach due to your case and your injuries being more complex
A lawyer would work hard to reach an acceptable level of accident at work compensation for you

Should you require ongoing care because your injuries are severe, a solicitor would ensure that the cost of the long-term treatment you need would be factored into the accident at work compensation you are awarded having been injured in the workplace due to the error of a work colleague.

Informative Links

To find out more information on Health and Safety in the workplace and your employers’ responsibilities, please click on the link below:

More about Health and Safety in the workplace

If you would like more information on what a Conditional Fee Agreement involves, the following link takes you to the Gov.uk website where you will find essential reading on the topic if you are considering working with a solicitor on a No Win No Fee basis:

More about No Win No Fee Agreements

If you were involved in an accident at work and you would like to know more about “reportable” incidents, injuries and diseases, the following link provides valuable reading on which workplace accidents, injuries and diseases must be reported to the Health and Safety Executive:

Reportable workplace accidents, incidents, injuries and diseases

My Boss Was At Fault Can I Claim Compensation? – Injury At Work Claims Advice Guide

The Laws That Protect You in the Workplace

There are several laws as well as Health and Safety Executive legislation that are there to protect you as an employee. Specific injuries and workplace accidents must by law be reported to RIDDOR and employers are legally obliged to do so. The laws that protect all employees in the workplace are detailed below:

Employment Rights Act 1996
Health and Safety at Work Act 1974
Equality Act 2010

When an employer fails to abide to the law/legislation and as a result you suffer an injury in an accident at work, they could be held liable through negligence and as such, an employer could be sued by the injured party for compensation for the pain, suffering and loss of amenity they endured through no fault of their own. Because work-related personal injury claims can be complex, it is best to seek legal advice from a solicitor from the outset to avoid the many legal pitfalls that could lead to your accident at work claim being turned down or being “time barred” because the statutory time limit has expired.

Your Employers’ Legal Duty To Hold Liability Insurance

All employers must have liability insurance and the policy must be issued by a recognised insurance provider. The insurance covers accidents at work injuries as well as work-related medical conditions that an employee may develop during the course of their working life as a direct result of the work they do.

When you sue your boss for compensation because you were injured in a workplace accident, it is the insurance provider who pays the amount you receive for the injuries you sustained. Your compensation would not only cover your injuries but would also include all the out-of-pocket expenses and other costs you incurred as a result of the negligence of your boss.

The insurance certificate should also be well displayed in the workplace so that employees and other people can clearly see which insurance company has insured the policy. If the certificate is not displayed, your employer is obliged to provide you with these details when you request them. When suing an employer for an accident at work injury, the goal of the compensation you receive is put you back to the position you were in prior to being injured in the workplace.

Employment Law and Reporting An Accident at Work

All serious accidents at work as well as dangerous incidents and work-related diseases must be reported to the Health and Safety Executive (RIDDOR). It is also a legal obligation to report a fatal injury that occurs in the workplace. Employers can do this by calling the Incident Contact Centre.

The injuries and incidents that must be reported to H&E are as follows:

All workplace accidents that result in major injuries being sustained by employees as well as other people who may be visiting a workplace. Examples being broken ribs or a broken arm
All dangerous incidents examples being people being exposed and overcome by leaking gas or the scaffolding collapsing
All injuries that prevent employees from carrying out their normal jobs for over 7 days
Work-related diseases
Fatalities

Your employer is the person who is obliged by law to report any of the above accidents and injuries that occur in the workplace. However, if you have been injured at work, making sure that an accident has been reported to the relevant authority is always a good idea and you should do this as soon as you are able to.

Is My Employer Responsible for Health and Safety in the Workplace?

It is your employer’s responsibility to ensure that a workplace is safe for both employees and other people who visit a working environment by adhering to Health and Safety regulations. The legislation also means that your employer must decide on the number of “first-aiders” who would be required in a workplace and the type of equipment as well as facilities that would be needed. It is worth noting that employees who also work as first-aiders, are not entitled to receive extra pay although some employers do choose to pay more to employees who do work as first-aiders in the workplace.

As an employee, you too are required by law to make sure that you abide by all Health and Safety regulations as well as working practices and procedures as set out by your employer.

What Other Responsibilities Does My Employer Have in the Workplace?

Your employer’s responsibilities in the workplace include the following:

To make sure that you and all other employees and workers are correctly and adequately trained to carry out jobs in the workplace. Ongoing training must also be provided on a regular basis
To make sure that all the tools, equipment and machinery that you and your work colleagues use are correctly maintained and in good working order
To make sure that risk assessments are carried out in the workplace to identify all risks and hazards that may be present and to put in place reasonable measures so that harm and injury to employees and other people who visit a working environment is kept to a minimum
To make sure that all employees and workers are made aware of detailed working practices and procedures
To make sure that all employees and workers are provided with the correct and adequate personal protection equipment (PPE) and that the equipment is correctly stored and in good condition

Do I Have to Report an Accident at Work to My Employer?

All workplace injuries whether minor or more severe should always be reported to employers or the people in charge of a working environment. The incident must be recorded in the Accident Report Book. However, smaller companies/businesses are not required to keep an accident report book but larger companies are. The report must detail all aspects of the workplace accident, the injuries sustained and the amount of time an injured employee was unable to work.

What are My Workers Rights Following an Accident at Work?

All worker’s rights are protected in the UK which means that you cannot be prevented from doing the following if you are injured in an accident in the workplace:

Seeking compensation for the injuries you sustained through no fault of your own
That your job is safe if you choose to file a claim against your employer because they were negligent and failed to keep you safe from harm and injury while in their employment

It would be unlawful for your employer to attempt to prevent you from filing a work-related personal injury claim against them, and if they do, you should seek legal advice from a solicitor because you may be entitled to seek further compensation for your employer’s actions.

What You Should Do Following an Accident at Work That Leaves You Injured

The steps you must take following an accident at work in which you were injured whether your injuries are minor or a lot more severe are as follows:

Seek medical attention as soon as possible
Make sure there is an official record of the incident and the injuries you sustained
Make sure an accident and your injuries were reported to RIDDOR by your employer if the incident was a reportable one
Make sure you get an official medical report from the doctor who treated you which should include even the minor symptoms you may be experiencing
Take photos of your injuries before any treatment was received
Take photos of where the workplace accident occurred
Get witness statements and their contact details
If there is CCTV of the accident, request a copy which your employer must provide in a timely manner

What Damages and Losses Can I Include Against My Employer?

All personal injury compensation claims are calculated in two specific categories which are “general damages” and “special damages”. The former are awarded to compensate you for the injuries you sustained at work and as such the amount you may be awarded would depend on how severe your injuries are and how your life, well-being and ability to work have been impacted.

Special damages cover all your financial losses which you incurred because of the workplace injuries that you sustained. As such, it is much easier to calculate how much you may be awarded if your accident at work claim against a negligent employer is successful. The losses you would be awarded would cover your travel and medical expenses as well as all other costs you had to pay out because of the injuries you suffered at work.

Should I Sue My Employer If They Are Responsible for My Workplace Injuries?

If your employer was negligent in their duty to keep you safe from harm while you are working for them, you have the right to seek compensation from them. Your injuries may oblige you to take time off work to recover which means that you would typically only receive statutory sick pay (SSP) and your normal wage. This could put you and your loved ones under tremendous financial pressure or you may have to dig into your savings to pay monthly bills and other living expenses. Some employers do pay extra sick pay to employees who have time off work to recover from a workplace injury so it is important to check your employment contract to see if this is so.

Claiming compensation would take a lot of the financial worries you may have to cope with and would ensure that you receive an amount that is fair and acceptable which would include all the expenses you had to pay due to employer negligence. A solicitor with vast experience of representing employees who have been injured in the workplace would assess the validity of your claim and let you know at the earliest opportunity as to how much accident at work compensation you may receive in successful claim.

As previously mentioned, your employer is legally obliged to hold liability insurance and it is the insurer who would deal with your accident at work claim against your employer. It is the insurance provider who would pay the accident at work compensation you would be awarded if your case is upheld. Providing you have a strong case against your employer and can provide solid evidence that they were liable for the injuries you sustained and your employer accepts responsibility, the insurance provider would typically offer to settle your claim without having to go before a judge. This is known as offering an “out of court” settlement. Should your employer deny liability, having a solicitor represent you means they would work hard to prove that your employer was responsible and would recommend filing a lawsuit against them.

What is the Time Limit to Filing an Accident at Work Claim Against My Employer?

There is a 3 year statutory time limit which must be adhered to when filing a work-related personal injury claim against an employer if you choose to seek compensation from the injuries you sustained through their negligence. The statutory 3 years starts at different times depending on the circumstances of the accident at work you were involved in which is detailed below:

3 years from the time you were injured in the workplace
3 years from when you turned 18 years of age should the incident have happened before this date
3 years from where you were diagnosed as suffering from a medical condition that a medical professional has directly associated with the workplace injuries you sustained

Would I Lose My Job If I File an Accident at Work Claim Against My Employer?

Your employer would be acting unlawfully should they decide to fire you or make you redundant because you seek compensation for an injury you believe you sustained through their negligence. If you think you are being treated unfairly or detrimentally because you file an accident at work claim, you should contact a lawyer who would tell you whether you could be entitled to seek more compensation from your employer because of their actions and behaviour towards you.

Are There Any Benefits to Working With a Solicitor on a Personal Injury Claim?

If your employer refuses to admit liability for the injuries you sustained in the workplace, having the expertise of a lawyer represent you offers many advantages. Even if your employer accepts responsibility to begin with, you should still discuss your claim with a solicitor because you may find that your employer’s acceptance of their liability might change once the insurance provider becomes involved in the case.

Working with a lawyer on your accident at work claim provides many benefits and would help ensure that your claim be upheld whether the case goes to court or is settled beforehand, with 95% of personal injury claims reaching a final settlement before going before a judge.

The advantages and benefits of having a solicitor handle your accident at work claim against your employer includes the following:

Solicitors are able to refer to legal libraries which they do when researching personal accident at work claims. They can use “precedents” as a basis for your claim against an employer who could be deemed liable for the injuries you sustained while you were working for them
Solicitors are experienced when it comes to communicating with insurance companies and always respect the required pre-action protocols associated with personal injury claims against third parties – in this instance the third party would be your boss
A solicitor would inform you at the earliest opportunity how much accident at work compensation you could be entitled to if your case against your employer is successful – whether your employer’s insurer decides to offer a settlement before your case goes before a judge, or if your case has to go to court because your boss refuses to admit responsibility for the injuries you sustained in the workplace
A solicitor would arrange for an independent medical report on the injuries you suffered and this report would be used as a basis to calculate the amount of “general damages” you may be awarded
A solicitor would also arrange for the cost of ongoing treatment you may require due to the extent of your injuries to be included in the amount of accident at work compensation you receive

These are just some of the benefits of having a solicitor represent you when you file an accident at work claim against your employer. Another advantage is that once a lawyer is happy that you have a strong, valid claim against your boss, they would agree to work on your case without requesting that you pay them an initial fee or ongoing fees either. The reason being that the solicitor would sign a No Win No Fee agreement with you which lays out the Terms and Conditions of what the solicitor agrees to do when representing you and it also sets out the agree percentage, the “success fee” that you would only have to pay when you are awarded the accident at work compensation you seek.

In short, the only time you pay the solicitor is when your claim is successful and the amount that you pay is directly deducted from the amount of injury at work compensation you receive. Should you lose your accident at work claim against your boss, there would be nothing to pay because you signed the Conditional Fee Agreement (CFA).

Would a Solicitor Work on a No Win No Fee Basis on My Claim?

As previously touched upon, a solicitor would agree to work on your accident at work claim providing your case against your boss is strong enough to be upheld whether in court or in an out of court settlement. Insurance companies prefer settling personal injury claims before they get to court when a claimants case is strong against a third party because if they lose the case against them in court, insurers not only have to pay their own court costs, but the claimants too. In short, 95% of personal injury claims being settled before going in front of a judge.

Useful Links

To find out more about which workplace accidents, incidents, injuries and disease are reportable to RIDDOR and your employer’s responsibility to do so, please follow the link below where you will find essential reading on the topic:

More about reportable workplace accidents

If you were injured in a workplace accident because your employer was negligent in the duty to keep you safe and you would like to know more about expenses and benefits compensation you may be entitled to, please follow the link below:

More about expenses and benefits compensation following a workplace accident

To find more information about your employer’s legal responsibilities towards employees in the workplace, please follow the link below:

More information regarding your employer’s responsibilities in the workplace