An employee, carrying a large tray of sealed glass flasks containing an acidic substance, is walking along a dimly lit corridor on the ceiling of which is an unrepaired air conditioning unit which has been leaking fluid onto the floor for some time despite the employer having been asked to have it repaired. In the poor lighting and due to the size of the tray she is carrying she doesn’t see the pool of moisture on the floor and with her weight distribution affected by her overly heavy load, she slips in the moisture, her legs flying from under her and her tray crashing down on top her breaking numerous flasks.
The worker suffers a severely bruised coccyx and extensive bruising to her back plus extensive burning and glass cuts on her hands from the broken glass flasks and their corrosive contents. The company accident book is completed and the employee is taken to hospital. She is off work for several weeks and unable to sit comfortably or drive or give care or help to her family. She suffers ‘flashbacks’ and sleeps poorly.
Fortunately our hypothetical work accident victim has the presence of mind and sense of indignation about suffering an accident that wasn’t her fault to contact a specialist personal injury claims solicitor to find out if she can make an accident claim. The compensation solicitor considers all the unaddressed environmental and work practices hazards that the employer had neglected to address such as the unrepaired, leaking air con unit, the inadequately lit corridor, failing to issue protective gloves to workers dealing with hazardous substances or provide training in safely lifting and moving loads. From this he determines that the employer had been negligent or careless in discharging his legal duty to care to ensure so far as is reasonably practicable, the health, safety and welfare at work of all employees and that his client’s accident had been a consequence of this negligence or carelessness.
This is good news for the our long suffering accident victim as it means that it will be possible to make a work place accident claim and she will be eligible to receive general damages that reflect the extent of her physical and psychological injuries, plus what is called ‘loss of amenity’ which relates to her reduced capacity to provide services for her family. She will also receive special damages that will seek to address the financial loss she has and will experience as a result of her injuries.
Don’t put off getting good legal advice – because in doing so, you could lose your right to claim compensation entirely, as strict time limits apply to all personal injury claims. For free advice on how to claim compensation for an accident at work – email our specialist team today and see if you’re eligible for a no win no fee compensation claim.
