Broken Drain Cover – Accident At Work Claims Guide
If you suffered injuries due to a broken drain cover, you might be able to claim compensation. This guide takes a step by step look at proving liability for workplace accidents, which is vital to recovering compensation.
Firstly, this guide examines the key legislation designed to keep you safe at work. We follow this with examples of incidents that could result in injuries from a broken manhole cover. Furthermore, if your injuries are caused by your employer not adhering to health and safety laws in the workplace, we show you what evidence you can gather to prove this.
We also examine how your compensation could be awarded and provide examples.
To conclude, we discuss using the services of a No Win No Fee solicitor, including a breakdown of what No Win No Fee means. If you have any questions or would like help starting your claim, contact our advisors using the methods below.
Select A Section
- Can I Claim Compensation For A Broken Drain Cover Accident At Work?
- What Is A Broken Drain Cover Accident?
- How To Prove You Were Injured In The Workplace
- What Could You Claim For A Broken Drain Cover Accident?
- Make A No Win No Fee Broken Drain Cover Accident At Work Claim Today
- Find Out More About Workplace Injury Claims
Many workplaces, especially outside spaces, may have drains and manholes. Depending on who is responsible for the maintenance of the manhole or drain may determine who could be liable for any injuries caused by defective manhole or drain covers. For instance, the manhole in your place of work may be managed and owned by a utility company such as the local water company this may mean that they are responsible for the upkeep of the drain cover. However, if your employer fails to report to them any damage to the drain cover, they are unlikely to know about it.
When making a personal injury claim, the onus will be on you to prove liability. You will need to show why you think a particular party is responsible for the accident taking place. For this, we look to legislation:
An employer’s duty of care is set out in the Health and Safety at Work etc. Act 1974 (HASAWA). It states that employers must take all reasonably practicable steps to ensure their employees’ health, safety and welfare at work. When your employer fails to adhere to this, and you are injured, you are eligible to claim.
The Occupiers’ Liability Act 1957 is another piece of legislation that we look to when proving the liability of an occupier or service provider. Those who have control over a particular space or provide a service must ensure that the services or areas they control are safe to use. Again if this duty is breached and you are caused an injury that could have been avoided, you could be eligible to make a personal injury claim.
Time Limits To Claim For A Broken Drain Cover Accident At Work
In addition to being able to prove that employer negligence occurred, your claim must be started within the time limit. The Limitation Act 1980 sets this as typically three years. It can be three years from when you suffered the injury or from when you became aware of negligence. However, there are circumstances that suspend the time limit. These include:
- Minors. The time limit is suspended until they turn 18. The injured party has to start a claim within three years after their 18th birthday. However, a litigation friend can start legal proceedings for the personal injury claim at any time during the suspension on behalf of the child.
- Lacking mental capacity suspends the time limit indefinitely. Like with minors, a litigation friend can start a claim on behalf of the injured party at any point during the suspension. However, should the injured party regain enough mental capacity, then the time limit is no longer suspended, and they will typically have three years from that date to start a claim.
If you have any questions about claiming for injuries suffered due to a broken drain cover, call our advisors. Should your claim seem valid, they can help you get it started right away.
Here we look at how injuries are caused by a defective or broken drain cover accident:
- An employer fails to inform the relevant utility company that the manhole is broken. Therefore the manhole is not repaired, which caused an employee’s foot to get stuck when the cover gave way. This caused an ankle injury.
- Water is spilling out of the broken drain cover, causing the surrounding floor to become very slippery. No warning signs are erected while waiting for the damage to be fixed. This caused an employee to slip and fall, injuring their head.
- Failing to ensure manholes are closed after access, such as on a construction site. If someone were to fall into a manhole they could suffer a broken bone or even a traumatic brain injury.
Free legal advice about workplace accidents is available from our advisors. Contact our team 24 hours a day, 7 days a week. If it seems like you could recover compensation, they could connect you with a No Win No Fee solicitor from our panel.
When making a personal injury claim for an accident in the workplace, you will likely need to gather evidence to support your case.
Evidence that could be useful in a workplace accident claim includes:
- Medical records. These should show the nature of your injury as well as the date you sought treatment.
- Witness contact details. If anyone saw what happened to you, ask them to provide their contact details in case a statement is needed later on. Additionally, if someone reported the broken drain to your employer but did not witness your accident, ask those for their contact details.
- Photographs. For example, photographs of the broken drain cover could be submitted. In addition, if your injuries are visible, you could also submit photos of them.
- Relevant footage, such as from CCTV, could support your claim.
Call our advisors if you need any help proving employer liability. They can advise on what evidence could support your claim as well as how you can collect it.
You may wish to know how much compensation you could be awarded. Settlements could include two heads of claim: general damages and special damages.
How Much Compensation For Falling Down A Drain Could I Get?
General damages are claimed for the pain and suffering caused by your injuries. This can cover physical injuries, and any mental health injuries suffered.
The table below contains guidelines for general damages from the latest update of the Judicial College Guidelines (JCG). Legal professionals use the JCG to help assign value to general damages. As different factors affect individual claims, these are just for guidance.
|Injury Type||Severity||Details||Compensation Bracket|
|Leg||Severe Leg Injuries (ii)||Permanent mobility problems from injuries.||£54,830 to £87,890|
|Neck||Severe (a) (iii)||Significant permanent disability from ruptured tendons, severe soft tissue damage, dislocations or fractures.||£45,470 to £55,990|
|Ankle||Severe (b)||Significant residual disability and extensive treatment from ankle injuries.||£31,310 to £50,060|
|Wrist||(b)||A significant disability that is permanent but with some remaining useful movement from the injury.||£24,500 to £39,170|
|Arm||Less severe (c)||Recovery from significant disabilities has occurred or is expected.||£19,200 to £39,170|
|Back||Moderate (b) (ii)||Backache or prolonged acceleration/exacerbation of pre-existing condition from ligament or muscle disturbance or soft tissue injuries.||£12,510 to £27,760|
|Skeletal injuries||Facial bones (b)||This bracket involves fractures to multiple facial bones.||£14,900 to £23,950|
|Knee||Moderate (b) (ii)||Lacerations, bruising, twisting and dislocations and torn cartilage that causes continuous aching and discomfort or an acceleration of a pre-existing condition.||Up to £13,740|
|Shoulder||Moderate (c)||Movement limitations and discomfort lasting about two years or non-permanent soft tissue injuries lasting longer are included in this bracket.||£7,890 to £12,770|
|Hips and pelvis||Lesser injuries (ii)||A complete recovery from soft tissue injuries.||Up to £3,950|
What Else Could I Claim?
Special damages may be included in some claims. This head of claim seeks to recover any financial losses incurred due to injuries suffered when you tripped over a broken drain cover. You might need to present evidence, such as receipts, to recover expenses.
Examples of special damages include:
- Loss of earning, including pension contributions.
- Medical expenses, such as physical therapy.
- Home help if you need a carer following your accident.
- Housing adaptations, such as ramp.
Call our advisors to learn more about how damages are awarded. They also can give you a free claim valuation.
If you would like to claim for injuries suffered due to a broken drain cover, a lawyer could provide legal representation under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
This means your lawyer won’t ask you to pay an upfront fee for their services. They aren’t going to ask you to cover any ongoing costs either. A success fee is taken from your award when a lawyer succeeds in recovering compensation. This is limited by law. You won’t be charged for their services if your lawyer fails to secure compensation.
Contact Our Team
Call our advisors if you have any questions about how to claim. They’re available to help 24/7. Should it seem like you have an eligible claim and wish to proceed, our advisors could connect you to a lawyer from our panel.
To speak to an advisor:
Further personal injury guides:
Additional reading from external sources:
- Health and Safety Executive Guide to Employee Health and Safety
- NHS First Aid
- Request CCTV Footage Government Guide
Get in contact if you have any queries about starting a claim for injuries sustained due to a broken drain cover.