By Megan Webster. Last Updated 6th January 2023. Welcome to this guide on how you could sue your employer if you were injured in a slip and fall at work caused by negligence. Slips and trips can cause a wide range of different injuries; while some of these are relatively minor, others can be very serious injuries.
In this article, we will explore an employer’s health and safety obligations towards their employees and the role played by the Health and Safety at Work etc Act 1974 (HASAWA) and the Work at Height Regulations 2005 (WHR).
Slips, trips and falls were the most common accident type reported to the Health and Safety Executive (HSE) in 2020/21 and you may want to make a personal injury claim against your employer. This guide will explain some of the different ways that your employer could act negligently. We’ll also examine what the process of claiming might entail.
If you would like to seek free legal advice or would like to be connected with a personal injury lawyer from our panel, you can get in touch. Please contact our team of advisors by:
Select A Section
- Can I Sue My Employer For A Slip And Fall?
- Employers Health And Safety Obligations
- How Common Are Slip And Fall Accidents At Work?
- Suing Your Employer – Evidence Examples
- If You Sue Your Employer After A Slip Or Fall, How Much Could You Be Awarded?
- Get Help From Public Interest Lawyers
If you are wondering “can I sue my employer for a slip and fall?” the answer to this question could be yes. In order to claim, you need to show that the accident was caused by a breach of duty of care.
Your employer has a duty of care towards you, meaning that they have a responsibility to keep you safe. They should take all reasonably practicable steps to ensure your safety while in the workplace.
There are a number of ways that an employer could breach their duty of care, causing an accident in which you are injured. In some cases, you may be able to claim even if you were partly to blame for the accident in which you were injured; this is referred to as a “split liability” claim.
Slip And Trip Safety In The Workplace
Here are some examples of how slips, trips and falls in the workplace could be caused by employer negligence, and the steps that could be taken to prevent them:
- Spills- If spills and leaks are not cleaned up or signposted in an appropriate timeframe, then this could cause you to slip and injure yourself. Spills should be addressed within a reasonable time frame of occurring.
- Inappropriate footwear-As part of the duty of care that they owe you, your employer must provide you with any personal protective equipment (PPE) that you need to do your role. This could include safety shoes, such as those with non-slip soles. If you’re not provided with PPE that you need to do your job safely, and you’re injured as a result, you may be able to claim.
- Cleaning activity- It’s important that the right cleaning solutions are used for the material that the surfaces are made of. Using the wrong cleaning products could lead to the floor being excessively slippery. In addition to this, wet floor signs should be used to indicate that cleaning is being undertaken.
- Uneven floors- Floors should be kept well-maintained. If floor tiles come out of position, this could pose a trip hazard.
- Poor housekeeping- It’s important in a workspace that good housekeeping is maintained. For example, wires should not be left trailing and obstructions should not block walkways.
- Poor lighting- lf lighting is not sufficient, then this might stop someone from seeing a hazard that could cause an accident.
If you’re still wondering, “can I sue my employer for a slip and fall?”, our team of advisors can help. They could connect you with a No Win No Fee solicitor from our panel to work on your case.
Under the HASAWA and WHR, all employers have a duty of care towards their employers. There are certain things that they are legally obliged to do to ensure the safety and wellbeing of those who work for them.
For example, the HASAWA states that employers should take all reasonably practicable steps to ensure the safety of their workers. For example, they should provide proper training and supervision for all job roles. They should also carry out risk assessments so that potential hazards can be identified and removed or reduced when possible.
The WHR states that assessments should be done to ensure that work is only performed at a height when it cannot be done otherwise. They should also store equipment in such a way that it reduces the risk of it being dropped from a height and causing injury.
This is not an exhaustive list of responsibilities that employers have. For more information on how your employer can ensure your safety, or for additional guidance on whether you can sue your employer for a slip and fall, speak with one of our advisors today.
Below, we have included a graph that illustrates how many injuries caused by slips and trips were reported to HSE in 2020/21. Certain incidents must be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
Slip And Fall At Work Statistics
As you can see, slips, trips and falls on the same level were the most common accident kind reported to the HSE in 2020/21. There were 4,143 instances of falls from a height in this time period, too. However, it’s not guaranteed that all of these instances could form the basis of a successful claim. This is because these statistics relate to accidents overall, not just those caused by negligence.
You could sue a company if you were injured in an accident due to employer negligence. The duty of care that your employer owes you involves performing regular risk and hazard assessments to ensure that the workplace is practically safe. If you slipped at work due to your employer not fixing a leaking roof, for example, you could sue your employer for compensation. However, you will need to prove that the accident was caused by your employer breaching their duty of care. This is why evidence is so crucial for personal injury claims. Some of the evidence that you could collect includes:
- Any CCTV footage, photographs, or videos of the accident.
- A completed accident report book if one is on-site.
- Any eyewitness’ contact details (for a solicitor to collect a statement from them later).
- Medical evidence about your injury. This could be a copy of your medical records stating your diagnosis and any treatments you may have needed to receive.
Contact one of our advisors today for more information about suing your employer if you were injured in an accident at work. They could also offer you free legal advice concerning your potential claim.
As well as wondering, “can I sue my employer for a slip and fall?”, you may be asking yourself, “how much compensation could I be entitled to if my claim is a success?”.
The compensation awarded for an accident at work can vary depending on the injuries sustained. We have put together the table below to illustrate some examples of payouts for different types of injuries. However, these amounts are not of definite value as the amount you receive will be dependent on your individual circumstances.
When you make a claim for compensation, your claim could consist of two different heads of claim. General damages compensate you for any physical or mental injuries, while special damages compensate you for any financial losses.
As part of the claims process, you will be invited to an appointment with an independent medical professional. Here, they will assess your injuries and create a report to find out the seriousness of your injuries.
To calculate general damages, the medical report will be referred to alongside the Judicial College Guidelines (JCG). The JCG is a publication with a list of various injuries and potential compensation value brackets.
The following could be included in the special damages head of your claim:
- Loss of earnings
- Travel costs
- Care costs
We’ve included a table below which contains extracts from the JCG. Please be advised that these are just guidelines and aren’t guaranteed.
|Moderate brain damage (i)
|Cases in which there is moderate to severe deficit of intellect and sight, speech and senses have all been affected. There will be a significant epilepsy risk and no prospect of employment.
|£150,110 to £219,070
|Serious hand injuries
|Where capacity has been reduced by around 50%.
|£29,000 to £61,910
|A severely disabling injury
|£39,170 to £54,830
|Most serious Achillies tendon injuries
|Where the tendon is severed and gives rise to cramp, swelling and a restriction in movement in the ankle
|In the region of £38,430
|Amputation of the biggest toe
|In the region of £31,310
|Where a less severe injury results in some permanent disability, such as stiffness and pain.
|£12,590 to £24,500
|Multiple fractures of facial bones
|This kind of injury will cause deformity of the face of a permanent nature.
|£14,900 to £23,950
|Minor shoulder injuries
|Recovery from a soft tissue injury is made within one year
|£2,450 to £4,350
|Serious pain due to soft tissue injuries and rib fractures that lasts for a period of weeks
|Up to £3,950
|Minor back injuries (iii)
|Recovery is made within three months from a sprain, strain or soft tissue injury.
|Up to £2,450
If your injuries are not in the compensation table, you could call our advisors. They could value your claim for free. Furthermore, they could connect you with a No Win No Fee solicitor from our panel to work on your claim.
When you make a claim for compensation, you don’t have to work with a solicitor. However, you might find that working with one makes the claims process run more smoothly than it would otherwise.
Our solicitors can offer to work under a No Win No Fee agreement. This is an agreement between the claimant and the solicitor. It sets out the conditions that they need to meet in order for you to pay them.
If your case is unsuccessful you would not have to pay them any fees. If you’re awarded compensation, they will deduct a legally-capped success fee as a percentage of your compensation.
A No Win No Fee agreement also means you have no starting solicitor’s fee to pay. There is also nothing to pay them as the claim progresses.
If you want to make a slip and fall claim or would like support from our team of advisors on whether you can sue your employer for a slip or fall, call us today. Our advisors can explain how to claim and provide free legal advice. Our contact details are below.
Trip Hazard Accident Claims
Below, we have included some guides that you may find useful.
An HSE guide to the Health and Safety At Work Act 1974.
If you’re off work because you were injured and don’t get paid, you could be entitled to Statutory Sick Pay (SSP). Read this guide for more information.
You can request CCTV footage that you appear in. This could be used as evidence to support your claim.
Have you sustained a head injury in an accident at work? If so, read this guide to see if you could be entitled to claim.
This guide could be helpful if you’re considering claiming for a back injury at work.
Thank you for reading our guide looking at the question, “can I sue my employer for a slip and fall?”.
Guide by AA