I Tripped Over An Obstruction At Work – Can I Claim Compensation?
By Cat Reeves. Last Updated 11th May 2023. Are you wondering whether you can claim after you tripped over an obstruction at work? In this guide, we are going to go over the eligibility for making an accident at work claim following a personal injury, what types of accidents can lead to claims and how No Win No Fee solicitors could benefit your case.
Employers owe their employees a duty of care to take all reasonable steps to prevent injury when partaking in work tasks. If this duty of care is not upheld and this leads to you being injured this is what is called negligence.
This guide aims to provide you with all the information you need to make a claim and the steps you can take to strengthen your workplace injury claim.
Moreover, you can speak with an advisor from our team who is available to offer you a free consultation at a time that suits you best. To get in touch:
Select A Section
- An Overview Of Tripping Over An Obstruction At Work
- Examples Of When You Could Make A Trip At Work Claim
- What Are My Rights If I Tripped Over An Obstruction At Work?
- What Could I Do If I Tripped Over An Obstruction At Work?
- I Tripped Over An Obstruction At Work, What Could I Claim?
- Contact Us About No Win No Fee Claims
The duty of care that is owed by employers is set out in law by the Health and Safety at Work etc. Act 1974. It states that all employers must take reasonable steps to prevent injury in the workplace. The failure to adhere to this, leading to you being injured, could make you eligible to make a personal injury claim.
There are multiple scenarios that could result in you being injured after tripping on an obstruction at work, leading to a claim. For example:
- Computer wires in the office may not be covered adequately. Consequently, you trip on them and sustain a wrist injury.
- Your employer may not have carried out a risk assessment when asking you to complete a task in the warehouse. Due to this, you slip, trip and or fall in a cluttered walkway. Subsequently, you endure a finger injury.
If you have tripped over an obstruction at work due to the negligence of your employer, please contact an advisor from our team.
If you tripped at work, you may be interested in making a claim for compensation. However, as we’ve already mentioned, you must be able to prove negligence occurred in order to have a valid claim.
Some examples of how you could be injured in a trip accident at work include:
- Obstructed walkways: Walkways should be kept clear of clutter or debris. If you trip over a box or piece of furniture left unmarked on a walkway, this could lead to a sprained ankle or knee injury,
- Trailing leads: Leads and wires should be covered, signposted, or kept away from walkways. If your employer fails to do so, this could result in a head injury or fractured wrist and could lead to a trip at work claim.
- Inadequate or broken lighting: If your employer asks you to work in an area with broken or inadequate lighting, you could trip over an unseen object or down a stairwell, which could lead to severe injuries.
To find out if you could have a valid claim, you can contact our team of advisors. They can evaluate your claim, and help you identify whether you could be eligible for trip at work compensation.
It must be noted that not every injury endured in the workplace is claimable. There might be a scenario where your employer did everything within their power to prevent a trip injury but one occurred anyway.
To be entitled to claim if you tripped over an obstruction at work you must prove that you were owed a duty of care. Additionally, you must be able to display that this has been breached and that you were injured as a result.
If you can prove employer liability, you generally have to start your personal injury claim within a 3-year time limit. This is outlined by the Limitation Act 1980, which states that claims must be started within 3 years from:
- The date the accident occurred
- The date you connected your injuries to negligence
You may be afforded a longer time period under certain circumstances. For example, if you are below the age of 18 when you were injured or if you lack the mental capacity to claim.
If this is the case, you can start your claim 3 years after your 18th birthday.
Alternatively, you could have a litigation friend claim for you. This could be a friend or a family member over the age of 18.
If you would like more details in regard to litigation friends, please get in touch with an advisor from our team.
There are a number of steps that can be taken to strengthen your claim. It is advisable to seek medical attention as soon as possible. Not only will this allow you to be treated for your injuries, but it also generates medical records that can be used to support your claim.
Then you should:
- Log the incident in the accident at work book
- Gather witnesses’ contact details for witness statements
- Acquire CCTV footage of the incident
- Take pictures of your injuries and/ or the scene
- Keep a record of all monetary losses via receipts, invoices and banks statements
Then you could seek legal advice about making a claim if you tripped over an obstruction at work that caused you an injury. As previously mentioned, our advisors are happy to help you 24 hours a day, 7 days a week.
The compensation you receive for a successful personal injury claim could include two heads of claim; general and special damages.
General damages aim to compensate you for any physical or psychological pain and suffering that is caused by your injuries. For instance, you could receive a payout for a broken wrist injury.
We have taken a list of compensation amounts from the Judicial College Guidelines (JCG). This is a document used by legal professionals to help them when valuing claims.
However, due to each accident at work claim being unique, these figures should only be used as guidance.
|£150,110 to £219,070
|An injury that results in moderate to severe intellectual deficit and symptoms, such as a personality change.
|Total or effective loss of both hands
|£140,660 to £201,490
|A severe injury leading to significant damage to both hands which make them effectively useless.
|£96,160 to £130,930
|An injury that is shy of amputation but leaves the injured person little better of than if their arm had been amputated.
|£19,200 to £39,170
|Considerable injuries have been endured but a significant level of recovery is expected or has been made.
|Severe leg injuries (ii)
|£54,830 to £87,890
|An injury that results in permanent issues with mobility and the need for mobility aids, such as crutches.
|Less Serious Leg Injuries
|£17,960 to £27,760
|Incomplete recovery from leg fractures.
|Loss of function
|£47,620 to £59,860
|An injury that leads to the loss of functionality in the wrist, for instance, where arthrodesis has been performed.
|In the region of £7,430
|An uncomplicated Colles’ fracture.
|£13,740 to £26,590
|A fracture, ligament tear, and similar injuries which lead to less severe disabilities.
|£13,740 to £21,070
|A severe crush that results in amputation of one or two toes, not including the big toe.
Additionally, special damages look to compensate you for any financial losses endured as a result of your injuries. For example, you might have to pay for taxis to and from work if you sustain a leg injury that doesn’t allow you to drive.
These travel costs may be reimbursed by special damages. It could also account for:
- Home adaptations
- Loss of earnings
- Care costs
- Medical expenses
Get in touch with an advisor if you have tripped over an obstruction at work and would like a more personalised insight as to how much compensation you could be owed.
A solicitor from our panel can use their years of experience to cover all bases of your claim. This could help take much of the stress away from what could be a daunting process.
If you claim through one, they might ask you to enter a No Win No Fee agreement. Typically, they work via a Conditional Fee Agreement (CFA). If you are represented via a CFA, payment generally is not required for the services that your solicitor provides upfront or during your case.
Furthermore, payment for the services your solicitor provides is only required if your case is won; you won’t be charged if it is lost.
If your claim is successful, you will have to pay your solicitor a success fee. This will be capped by law, ensuring that you receive the majority of your compensation and deducted from the payout you receive.
Our advisors can provide you with more information in terms of the benefits of No Win No Fee agreements. If they judge you to have an eligible claim, they could connect you with a solicitor from our panel.
To get in contact:
Here are some more of our own guides relative to accident at work claims:
- Will I lose my job if I claim for an accident at work?
- Who pays my compensation for a work related injury?
- How do I know if my employer is responsible for a workplace injury?
We have also included additional reading that could be beneficial to you:
Thank you for reading this guide on how to claim if you tripped over obstruction at work and injured yourself.