How To Claim For A Slip And Fall On Ice At Work
By Lewis Aaliyah. Last Updated 27th July 2023. If you have slipped on ice and want to make a fall at work claim, you’ll need to prove that your injuries were caused by your employer breaching their duty of care.
Within this guide, we will discuss the duty of care all employers owe their employees and the eligibility criteria you must meet to make a valid fall at work claim. We will also discuss some of the steps your employer could implement to prevent slips and falls in the workplace. This guide will also provide information on the different heads of claim you could be awarded for a successful case, and how one of the No Win No fee solicitors on our panel could help you with claiming them.
To discuss your potential fall at work claim, and to receive free advice, you can contact one of our advisors. They are available 24/7 to help answer your questions.
To be connected with one of our advisors, you can:
Services And Information
- Everything You Need To Know About Slip And Fall On Ice At Work Accidents
- What Is A Slip And Fall On Ice At Work Accident?
- Employers’ Health And Safety Duty Of Care
- How Can Employers Prevent Slips And Falls On Ice At Work?
- Slipped On Ice – Possible Injuries
- Slip And Fall On Ice At Work Compensation Calculator
- Snow And Ice Health And Safety Considerations
- How Much Time Do I Have To Claim If I Slipped On Ice At Work?
- I Suffered A Slip And Fall On Ice At Work, What Should I Do?
- Do You Handle Slip And Fall On Ice At Work Claims On A No Win No Fee Basis?
- Contact Us For More Help
- Workplace Accident Claim FAQs
By law, all employers have to take reasonable steps to protect their employees from potential risks at work. Among their responsibilities, employers should do what’s reasonably practicable to prevent their staff from slipping and falling on ice while at work. This obligation is known in legal terms as their “duty of care”. It is laid out in full in section 2 of the Health and Safety At Work etc. Act 1974.
Sometimes, it can be difficult to predict where and when ice will appear within the workplace. In some instances though, it could be judged that an employer could and should have done more to prevent one of their workers from slipping and falling on ice. In such cases, the worker could be entitled to claim personal injury compensation.
Read on to learn more about what exactly is considered a slip and fall on ice at work accident. We’ll also cover the rules and legal rights which cover potential accidents caused by ice. Additionally, we’ll address your legal rights and the steps you should take if you are injured by a slip and fall on ice during work.
This is when you fall and injure yourself whilst carrying out your role in the workplace. Injuries can be minor such as bruises or a dislocated shoulder. However, more severe falls can result in broken bones, lacerations, and even death in extreme circumstances.
If you were to slip on ice at work, it could be in a number of different locations that your employer is responsible for. To illustrate, your workplace may require the use of walk-in freezers. These appliances create ice and freezing conditions by design. Therefore, these workplaces must pay special attention to the safety of walking surfaces.
However, almost any workplace can face these kinds of hazards. For example, many employees will drive to work and require the use of a car park. If this is the case, then the parking areas that your employer is responsible for should be properly treated when freezing conditions are expected. If they fail to do this and you are injured as a direct result of this negligence, then this could lead to you making a claim for personal injury compensation.
Slips, trips, and falls were the most common cause of non-fatal injuries in 2020/21 in the workplace. These statistics for Great Britain are shown in the graph below.
The injuries were reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). RIDDOR is legislation that requires employers to report notifiable injuries, illnesses and near misses in the workplace.
‘Responsible persons’ such as the self-employed, employers, and people that control work premises should send reports under RIDDOR.
As you can see, slips, trips, and falls on the same level were the cause of 33% of reported non-fatal injuries over this period. Whilst it isn’t stated how many of these injuries were specifically caused by a slip on ice at work, the numbers do illustrate just how often these accidents can occur in the workplace.
Companies must follow certain legislation which addresses the protection of their staff while working. These rules are collectively known as an employer’s duty of care. The specific requirements can vary depending on how a company operates. However, all employers have a duty to make their workplace safe.
As part of their duty of care, employers need to carry out risk assessments at their place of work. They should identify where accidents could occur, what types of accidents could happen and take reasonable precautions to minimise their risk.
Workplace health and safety laws
The legislation designed to protect the health and safety of workers include the following:
The Health and Safety at Work Act etc. 1974
This is the primary piece of legislation for health and safety in workplaces. It sets out the general duties which employers should follow to protect their staff and members of the public. The measures that employers should take to identify and manage potential hazards like icy conditions is addressed in this legislation.
The Equality Act provides legal protection against discrimination in work and wider society. As part of their duty of care, employers are responsible for protecting their staff from acts that discriminate against certain groups.
This act establishes the legal rights that most employees have when they are working. As part of the act, employees are given legal protection from dismissal or other unfair action if they refuse to follow orders from their employer which are unreasonable on safety grounds.
As an example, an employee could possibly refuse to travel to work or follow a work task if icy conditions are making such actions unsafe. That would, however, depend on specific circumstances related to the employee and their workplace.
As part of their measures, employers are required to determine how ice and snow could create hazards in areas of their workplace. For example, an employer can reduce the risk of slip and fall on ice accidents by identifying outdoor areas workers and pedestrians use which can be affected by ice.
This can include entrances, car parks, walkways, shortcuts and sloped areas. The same employer can then take steps to prevent icy surfaces from forming in these areas. They could use grit or salt or another method. Alternatively, an employer could divert people to less slippery routes/walkways to keep them away from icy areas.
A fall on ice can cause various types of injuries. You may still be able to claim compensation if you slipped at work on ice and it was caused by the negligence of your employer. For example, icy floors in work may not be gritted, or signposted to warn you of the hazard. Additionally, you may not be provided with the correct work uniform if you work on icy surfaces, such as shoes with grip.
Here’s some examples of injuries you could sustain if you slip on ice at work.
- A head injury may be caused upon impact with the ground
- If you fall backwards, you could suffer a broken back injury
- Broken ribs
- If you try and stop yourself from falling, you may suffer a forearm fracture or, in some cases, a broken elbow
Get in touch if you slipped on ice at work and were injured as a result of your employer’s negligence. Our advisors may be able to put you in touch with a solicitor from our panel who has experience handling claims for a slip and fall.
If you are able to claim for a fall on ice at work, you may wonder about the amount of compensation you’ll potentially get. The amount of compensation offered for a slip and fall on ice accident at work can vary a lot.
How much you receive in general damages depends heavily on the extent of your injuries caused directly by the slip and fall. (General damages are compensation you receive for the physical and mental suffering your injuries cause.)
You can use the table below to calculate the potential compensation you’ll get if you are claiming for a slip and fall on ice. The figures are estimates you could possibly receive based on common injuries which can occur from this type of accident. These numbers should only be treated as estimates since each compensation case centred on a slip and fall on ice is different and there are many influencing factors.
We’ve taken the figures from the Judicial College Guidelines. This is a regularly updated publication that legal professionals may use to assist them in valuing injuries.
Injury Severity Compensation
Back Injury Severe (a) £91,090 to £160,980
Back Injury Moderate (i) £27,760 to £38,780
Back Injury Minor (i) £7,890 to £12,510
Shoulder Injury Serious £12,770 to £19,200
Shoulder Injury Moderate £7,890 to £12,770
Shoulder Injury Minor (i) £4,350 to £7,890
Brain or Head Injury Minor £2,210 to £12,770
Arm Injury Simple Fractures of the Forearm £6,610 to £19,200
Elbow Injury Moderate or Minor Up to £12,590
Chest Injury Fracture of ribs or soft tissue (g) Up to £3,950
In addition to receiving compensation for injuries, special damages may be taken into account. Special damages compensate you for any financial losses your injury has caused. For instance, your injuries may be forcing you to take unpaid time off work and regularly travel to a place for care. Loss of earnings and money spent towards receiving your care could be recovered as part of your compensation.
Other potential ice-related hazards could be identified and addressed by employers while fulfilling their duty of care. Extra lighting could be needed to make areas where ice could form more visible to people.
Certain parts of the workplace could carry the risk of water build-up following rain. Such areas can create an ice hazard when temperatures drop, so employers could take preventive measures.
As part of their duty of care, employers should also have procedures in place to prevent and deal with snow and ice around their buildings. Monitoring the weather forecast could be part of such measures.
Employers can use salt or grit on walkways and set up signs and lighting in anticipation of predicted snow and ice. If employers do not take such measures when adverse weather conditions can be reasonably foreseen, they could be seen as negligent of their duty of care.
If you are injured by slipping on ice while at work, there are several important questions you may have. One of them could be how much time you have to claim compensation for the accident.
The standard time limit for making a claim following a slip and fall on ice at work is three years from the date of the injury or the date you obtained knowledge that negligence at least contributed to the injury. This time limit can apply to other accidents which can potentially occur at work too.
If you believe you have grounds to claim compensation for such an accident, then it is best to start the process of your claim as soon as possible. While claims can be short and straightforward, that is not always guaranteed. Collecting evidence and establishing that your employer’s negligence caused your slip and fall can become a complex process.
Factors that can change the time limit
Certain circumstances can alter how the time limit for making your compensation claim works. For instance, your slip and fall on ice at work could be severe enough that you lack the mental capacity to claim on your own behalf.
If that happens, the three-year time limit is effectively frozen until your mental capacity improves enough where you could reasonably be expected to start a claim. Alternatively, a representative known as a litigation friend could claim on your behalf for the fall you had. A litigation friend could start the claim for you before your mental capacity has recovered.
If an under-eighteen-year-old is injured by slipping on ice at a workplace, then the three-year time limit also works differently here. The time limit is frozen until they reach the age of 18, where they can then start a claim on their own behalf. A litigation friend, which could possibly be a parent or guardian, can possibly start a claim on your behalf before you become 18.
You may at some point ask yourself ‘can I claim for slipping on ice at work?’ if you ever have this type of accident. The answer is you could be entitled to compensation if it wasn’t entirely your fault. However, you may also be wondering what steps to take and in what order to start your case.
Immediately after the accident, your first priority should be to get the medical care you require so your injuries are treated. You should keep hold of any records or other evidence of your medical treatment. This can prove useful later when making your compensation claim.
Proof that you had to have certain treatments as a direct result of your accident could be invaluable. However, if you didn’t seek medical attention following your injury, you don’t need to worry too much about medical records. If you choose to claim, you would have a medical assessment from an independent expert. They would create a report for you.
Next, you should collect other evidence related to the claim you wish to make. This could include witness contact details or CCTV footage. It’s best to get as much evidence as you can that shows that your employer could have taken foreseeable steps which would have prevented your fall on ice at work. (For free legal advice on what you could use as evidence, call our advisors.)
When you’ve collected your evidence, you could then contact a qualified solicitor who you want to support your claim. It is best to choose a solicitor who specialises in working on workplace accident claims. You can contact our advisors by phone or online to get advice and support on your own compensation claim. If you like, they can put you in touch with our panel of solicitors.
When you’ve chosen and contacted your solicitor, they will review your claim and evidence. If they believe your case could be a success, you can then sign a contract with your solicitor. They will then guide you through all the formal proceedings involved in a compensation case.
Our panel of lawyers can support an accident at work claim you may wish to make on a No Win No Fee basis. Their services can cover cases that specifically focus on a slip and fall on ice.
If you sign an agreement with a solicitor on a No Win No Fee basis, that provides several guarantees to you. One of the biggest advantages of this agreement is the degree of financial security if your case does not succeed. Other benefits are as follows:
- If you don’t win your case, you will not need to pay your solicitor the legal fees they’ve accumulated.
- This means your solicitor should work hard on your case since they face more risk.
- You won’t need to pay any solicitor fees upfront or while the claim is being set up.
- Under a No Win No Fee agreement, you will only need to pay your solicitor fees if your compensation case is successful.
To cover their payment, your solicitor will take a small percentage of the compensation you’re awarded. The specific amount your solicitor will take will be detailed in your agreement. You can review this and other details of your agreement before you sign it.
If you are looking for advice or support on making a workplace accident claim, then you’re welcome to contact us at UK Law. We can support a range of different personal injury claims including ones involving workplace accidents and icy conditions. We’ll happily answer any query you may have about your potential compensation claim.
This government page explains how Statutory Sick Pay works and how much you’re currently entitled to. In most circumstances, you are entitled to SSP if you have to take time off work due to injury or illness.
CCTV footage can be a very useful piece of evidence to present during your claim. It can contribute to proving that your slip on ice at work was not your fault. If you appear in CCTV footage, you have a legal right to request the footage.
Some systems delete footage on an automatic basis, so this step should be taken as quickly as possible.
This government page is useful if you’re looking for advice on the rights and obligations of workers and employers. There’s also information here on how to make a complaint about your employer or employment agency.
Another of our guides, this one talks about whether or not you could be owed compensation following a fall down stairs in the workplace.
It can be difficult to know how to prove that your injuries were caused by the negligence of someone else. Read this guide to find out how you can do this.
Wrist fractures are just one of the injuries you could sustain following a slip on ice at work. Find out more about this particular ailment in this guide.
This is our guide on your employer’s responsibilities after you are involved in an accident at work.
Could I be disciplined by my employer for having an accident?
Your employer should not discipline or fire you from your job for having an accident during work that wasn’t your fault.
Could I lose my job if I claim against my employer?
Employers do not have the legal right to dismiss you for making a compensation claim against them. If your employer were to do this, then you could claim unfair dismissal.
Could I claim for lost earnings?
You could potentially claim lost earnings following an injury that has kept you away from your job for a significant amount of time. Wages and other earnings you’ve missed out on because of your injury could be factored in while your compensation payout is being finalised.
What if I am self-employed?
If you are self-employed and you are injured in an accident on a client’s business premises, you could claim compensation. You should report your accident to the appropriate person at the premises. Certain injuries should be reported through RIDDOR.
Will I get sick pay whilst off work recovering?
Most employees are entitled to at least receive Statutory Sick Pay (SSP) if they are off work for at least four consecutive days due to injury or illness. It’s worth checking government regulations and your contract to confirm what sick pay you’re entitled to under your circumstances.
Thanks for reading our guide on how to claim for a slip and fall on ice at work.
Checked by HT