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Can I Claim Compensation for a Slip, Trip and Fall Injury Against My Employer? – Online Guide

The Most Common Slip, Trip and Fall Accidents in the Workplace

The most common reason for a slip, trip and fall accident at work that could leave you with a minor or more severe injury, occurs when floors are slippery or wet. A slippery surface could be the result of not cleaning up spillages as soon as they happen. An employer or person in charge, must put appropriate signs when a floor is wet otherwise if you slip, trip and fall injuring yourself in the process, they could be held liable and would have to pay you the compensation you deserve for all the pain, suffering and out of pocket expenses you incur as a direct result of being injured at work.

However, other workplace areas can be slippery which is especially true of loading bays and other high traffic areas. If you work in an area where the floor surface is slippery or wet, an employer must provide you with appropriate anti-slip footwear so that you can carry out your job safely. Should you trip on something that was left in your way because the work area was untidy or because a cover was not replaced correctly on a drain, you may be entitled to file for compensation should you suffer any sort of injury that prevents you from working. Again, an employer would be held liable for your injuries.

UK employers are legally required to ensure that workplaces are kept tidy and free from loose wires, equipment/tools left on a floor or anything else that might result in you having an accident at work that leaves you injured.

Accident at Work Statistics

Health and Safety Executive (HSE) statistics show that over 600,000 employees were injured at work from 2016 to 2017. The accidents that occurred were as follows:

22% of employees were injured when manually handling something at work
29% of people suffered injuries through slip, trip and fall accidents
10% of employees were injured when coming into contact with machinery and moving vehicles
7% of workers were injured when falling from a height

How Much Compensation Could I Receive for a Slip, Trip and Fall Injury?

The level of compensation you may be awarded in a successful slip, trip and fall claim would depend on the severity and complexity of your injuries. Each case is treated as unique and a court would factor in several things when calculating the amount of compensation you may receive. This includes the following:

The severity of your injuries
The amount of time you were off sick due to your injuries
The out of pocket expenses you incurred as a direct result of your slip, trip and fall injury
Whether you require ongoing treatment
Whether your injuries are so severe, you would not be able to work again

How Do I Start a Slip, Trip and Fall Claim?

Should you have suffered a slip, trip and fall accident at work, there are certain things you should do even if at first you are not thinking about filing a personal injury claim against your employer. The steps you should take are as follows:

Seek medical attention as soon as you are able to
Make sure the slip, trip and fall accident is recorded in the Accident at Work Book – if none exists, write down all the details of the accident and your injuries and send this to your employer making sure you keep a copy for your own records
If necessary, make sure the incident gets reported to the Health and Safety Executive
Take witness statements and note down their contact details
Take photos of where the slip, trip and fall accident occurred
Take photos of your injuries

Should you not be able to do any of the above because you injuries prevent you from doing so, you should ensure someone else does this on your behalf because this evidence will prove and strengthen your slip, trip and fall claim against a negligent employer.

Should I File a Slip, Trip and Fall Claim Against my Employer?

You may be worried about filing a slip, trip and fall claim against your employer, but if you suffered an injury whether minor or more severe that prevented you from working, you have every right to claim compensation for your injuries. The reason being that your employer could be found negligent in their duty of care to keep you safe from harm in the workplace. If you are unable to work for a period of time, it could put a you in financial difficulties and being awarded the level of compensation you rightly deserve can prevent this from happening.

What are My Rights Following a Slip, Trip and Fall at Work Accident?

All employees are protected by law when it comes to being injured, developing an illness or disease in the workplace. Employers must legally keep you safe from harm while you are at work and if they fail to do so and you are injured, your rights are as follows:

That you receive the level of compensation you rightly deserve following a slip, trip and fall injury
That your work environment is safe for you to work in
That your job is safe even if you decide to file for compensation following a slip, trip and fall accident

Your employer is legally responsible when it comes to carrying out risk assessments of the workplace and to set in place measures to reduce the risk of you being injured once hazards and dangers are identified.

Could I Be Sacked for Filing a Slip, Trip and Fall Claim Against My Employer?

As previously mentioned, your employer cannot by law fire you for making any sort of claim for compensation against them and this includes slip, trip and fall accidents that leave you injured. If your employer sacks you for filing a claim, you could sue your employer for unfair dismissal and file a personal injury claim against them for the injuries you sustained.

How to Start a Slip, Trip and Fall Injury Claim

You should gather as much evidence as possible before filing a slip, trip and fall claim against a negligent employer. The best course of action is to seek legal advice as early as possible and to follow their instructions on what is needed as proof that you suffered an injury through a slip, trip and fall accident in the workplace through not fault of your own. Because work-related injury claims are complex legal procedures, it is best to work with a solicitor who specialises in work-related claims and who understands the legal process involved. This increases your chances of filing a successful slip, trip and fall claim against your employer.

For your slip, trip and fall claim to be successful, you must provide as much evidence as possible of the accident and your injuries which includes the following:

Details of where the incident occurred
Details of the injuries you sustained
Whether the incident was reported to the Health and Safety Executive where appropriate
Whether the incident was recorded in the Accident Report Book
Witness details including their contact details
Hospital or doctor’s report of your injuries
Out of pocket expenses you incurred as a direct result of your injuries

All of the above is needed to not only prove and strengthen your slip, trip and fall claim, but also to calculate how much compensation you may be awarded on a successful claim against a negligent employer.

Working with a No Win No Fee Solicitor on a Slip, Trip and Fall Claim

Because work-related personal injury claims tend to be complex, you should seek legal advice as early as possible because it can take a long time to gather all the information and evidence needed to prove and strengthen your claim bearing in mind there is a 3 year time limit that must be adhered to. Working with a solicitor who specialises in accident at work claims makes the whole legal process a lot easier to understand and improves your chances of winning your case and receiving the level of compensation you rightly deserve for the pain, suffering and out of pocket expenses you incurred.

A solicitor would offer a free initial consultation which allows them the opportunity of assessing your claim and once it is established you have a strong case against an employer who failed to keep you safe from harm in the workplace, they would typically offer to work on a No Win No Fee basis. As such, you would sign a Conditional Fee Agreement which is a legal contract that sets out the agreed “success fee” you would have to pay on a successful slip, trip and fall claim. The agreement also sets out the “terms and conditions” of the contract. Should your claim not be successful, you would not have to pay anything to the solicitor but if your slip, trip and fall claim is successful and you receive the compensation you deserve, the solicitor would deduct their fee from the amount you are awarded.

Do I Still Get Paid if I Get Injured at Work? – How Much Should I Get Paid? – 2019 Update

The Procedure to Follow After an Accident at Work

If you suffer an injury as a result of an accident at work, there is a procedure that you should follow to prove and strengthen your case which is detailed below:

Report the accident as soon as possible
Seek medical attention as a matter of urgency
Make sure the incident is recorded in the company’s Accident Report Book – if the company does not have one, you should write down all the details of the accident and your injuries and make sure your employer receives one copy and that you keep a copy for your own records
If your injuries are so severe that it prevents you from reporting the incident or making sure that it is noted in the Accident Report Book, you should ensure someone else does this for you
Establish that the accident has been reported to the necessary authority if required

All of the above is necessary to prove your case and to ensure that you receive any benefits you may be entitled to as well as the SSP and any other sick pay that is written into your contract of employment.

Your Employer’s Duty of Care Defined

All employers in the UK have a “duty of care” towards their employees which in short, means they must take steps to identify risks and hazards in the workplace and set in place measures to keep you safe from being injured whether it involves physical or psychological harm. This must not just be seen as a “legal obligation” but rather a way to build up trust and confidence in the workplace between an employer and their staff.

Your employer’s legal responsibilities towards you and other employees are detailed below:

That all jobs an employee is tasked to do are clearly defined
To carry out regular risk assessments with the end goal being to identify hazards in the workplace
To set in place necessary measures to ensure the workplace in safe
To provide all employees with sufficient training to carry out the jobs they are tasked to do
To provide regular feedback on employees performance
To ensure that employees are not tasked to work excessive hours
To provide adequate, clean and tidy rest and relaxation areas
To protect employees from any sort of harassment, bullying or unfair treatment by work colleagues or other people in the workplace
To protect all employees from any sort of discrimination in a working environment
To protect adequate communication channels for all employees so they can raise any concerns they have fairly
To discuss any issues with employees

Should your employer fail in any of the above, it could be seen that they failed in their “duty” and as such, you could file for compensation, be paid SSP and any other benefits you may be entitled to.

The payments you may be entitled to receive are detailed below:

Following an accident at work that leaves you injured and you have to have time off work, you should be entitled to receive Statutory Sick Pay (SSP)
If it is written into your contract of employment, you may be entitled to receive extra sick pay from your employer following an injury in the workplace that prevents you from working
If your injuries are severe, you may also be entitled to claim benefits an example being Industrial Injuries Disablement Benefit

Providing you can prove the accident at work that left you injured occurred through no fault of your own or if you were partly responsible, you may be entitled to file a personal injury claim against a negligent employer while at the same time receive any moneys you are entitled to because you are unable to work.

How to Check if You Are Entitled to Sick Pay Following an Accident at Work

If you are an “employee” but not self-employed, and you suffered a work-related injury or illness, under UK law you are entitled to receive Statutory Sick Pay (SSP) providing you meet the following criteria:

You began working for your employer
You take 4 full sick days or more off work in a row which includes any non-working days
Your average wage is a minimum of £116 per week – this is before tax
You do not fall into one of the non-eligible categories
You followed your employer’s rules for receiving sick pay

It is worth noting that if you work part-time, under a fixed contract, are a casual or agency worker, you would still be entitled to be paid following an accident at work that left you injured and unable to work. The same is true if your contract is “zero hours”.

Should an employer refuse to pay you sick pay because you are unable to carry out your job, you should ask them to explain the reason why you have been turned down before seeking legal advice. If you are unhappy with the answer you are given or feel you are being treated unfairly, are fired or disciplined because you requested sick pay from your employer, you can begin legal proceedings against your employer.

How Much SSP Might I Get Following an Accident at Work?

If you are unable to work because you suffered a work-related injury, you could receive the following Statutory Sick Pay (SSP):

£92.05 a week – which you could receive for up to 28 weeks if you are unable to work following a work-related injury. However, your employer might choose to pay you more, but they cannot pay you any less than this amount. You should read through your contract of employment to see if your employer has agreed to pay you what is referred to as “contractual sick pay”

If you do not have a contract of employment, you should check the company’s staff handbook.

What Happens if My Employer Refuses to Pay me Sick Pay?

If your employer refuses to pay you any money following an accident at work that prevented you from working, you should seek legal advice as soon as possible bearing in mind that there are specific reasons why you may not be entitled to receive SSP which are detailed below:

You are self-employed
You have received SSP for 28 weeks within the last eight weeks
Received Employment and Support Allowance (ESA) within the last twelve weeks
You are receiving statutory Maternity Allowance or maternity pay
You are pregnant and your child is due in four weeks or less and the reason you are off work is pregnancy-related
You gave birth to a baby in the last 14 weeks (this could be the last 18 weeks if your child was born over four weeks early)
You are in the armed forces
You have been detained by the police or you are in prison
You are an agricultural worker

When Could I Be Entitled to Receive Industrial Injuries Disablement Benefit?

Should you develop an illness or disease in the workplace or you are disabled following an work-related accident, you may be entitled to receive Industrial Injuries Disablement Benefit (IIDB) which is as follows:

Your illness/disease/disability occurred at work
You were on an “approved” training course or scheme

The amount you may be entitled to receive would depend on the severity and complexity or your case. It is also worth noting that a “carer” could be entitled to receive a “Carer’s Allowance” for looking after you.

Your disability would be assessed by a “medical adviser” which they would do on a scale of 1% to 100%. You would only be entitled to receive disability benefits if you meet a specific percentage which is 14% or higher. Examples of the amounts you may receive are detailed below bearing in mind that these figures are guidelines only:

100% – you may receive £174.80
90% – you may receive £157.32
80% – you may receive £139.84
70% – you may receive £122.36
60% – you may receive £104.88
50% – you may receive £87.40
40% – you may receive £69.92
30% – you may receive £52.44
20% – you may receive £34.96

You would only be eligible to receive IIDB for the following reasons:

You suffered an accident at work that left you injured
You were taking part on an “approved employment” training course or scheme when the incident occurred
Your accident occurred in the workplace in England, Scotland and Wales
You developed a disease or illness at work or when you were taking part on an “approved employment” training course or scheme

It is also worth noting that you would not be entitled to claim Industrial Injuries Disablement Benefit if you are self-employed.

Seeking Legal Advice on Your Sick Pay Entitlement

If you feel you are being treated unfairly by an employer who is refusing to pay you any Statutory Sick Pay (SSP), you should seek legal advice as early as possible so you are not put in any sort of financial difficulties following an accident at work that prevented you from working even if this is for a shorter period of time. A solicitor who specialises in employment law would be in a position to offer essential advice on how best to proceed so that you receive the sick pay you may be entitled to.

Working with a Solicitor on a No Win No Fee Basis

A solicitor who specialises in employment law would assess your case which they would typically do during a free, no obligation initial consultation. Once they have established that you are entitled to SSP and other benefits and believe that you have a strong case against your employer who refuses to pay sick pay, has treated you unfairly or sacked you for requesting they do, the solicitor would work with you on a No Win No Fee basis which means you would not have to find the funds to pay for legal representation.

You would sign a Conditional Fee Agreement (CFA) which sets out the Terms and Conditions of the agreement together with the percentage you would pay but only if your claim is successful. This is often referred to as a “success fee” because should your case not be successful, there would be nothing to pay for the legal representation you received when suing an employer for non-payment of sick pay which you could be entitled to.