Archive for the ‘Slip Trip Fall Accident’ Category

Slip On Black Ice: Construction Site Worker Compensation Claim Payout

Wednesday, April 24th, 2013

UK work accident solicitor explains how to calculate the average compensation payout for a construction site work accident following a slip on black ice resulting in an injured calf muscle, shattered kneecap and fractured coccyx

Construction Site Work Accident Victim Question

I am a construction worker and late last year I turned up to work as usual on a construction site in Newcastle, which was covered with black ice. I was unaware of the danger and my employer did not warn me especially as there was exposed concrete, which was like an ice rink.

I slipped on the black ice ripping my calf muscle and smashed my kneecap. I also landed very heavily on my bottom causing a fracture to my coccyx and severe lower back pain.

I managed to call my employer from my mobile phone who requested an ambulance come to my assistance. The paramedics were also slipping due to the black ice.

I was in hospital for a week and required surgery to remedy my fractured knee cap.

The accident was recorded in the work accident book and I believe the Health and safety Executive was informed. I later found out that the area was out of bounds to employees, but my supervisor had omitted to inform me and I turned up to work without realising.

I was off work for 3 months and have returned to restricted duties. I have been told that my calf muscle and knee will never be the same again and I will have a disability for the rest of my life.

How much of an average compensation payout can I claim for my injured calf muscle, fractured knee cap, fractured coccyx and back pain.

Work Accident Solicitor Response

Before considering the amount of compensation you can claim – it must be proved that as a matter of law your employer was responsible for your accident.

Given what you have described it appears clear that your employer should be held primarily liable for your accident.

Your employer was aware of the danger and failed to notify you or failed to put a notice up at the site that it was closed due to black ice or other dangers and as such employees should not enter the site, but should contact management.

Access to the documentation held by your employer including the results of the Health and Safety Investigation would help to prove this point.

To calculate your likely average compensation payout for your injured calf muscle, fractured knee cap, fractured coccyx and lower back pain – a specialist work injury solicitor acting on your behalf would need to obtain an expert medical report detailing the exact nature of your injuries with a description of the likely symptoms you might suffer into the future and the nature of your long-term disabilities.

This report should also comment on the likely effect of your injuries on your ability to work and any risk of disadvantage on the open labour market should you lose your job in the future.

Your solicitor will then compare your injuries to cases decided by the courts in the past for accident victims with similar injuries to calculate the amount you can claim for pain and suffering known as general damages.

In addition you will be entitled to sums for lost income, future lost income, disadvantage on the open labour market, medical expenses, nursing assistance, help in the home, etc.

Free Online Work Accident Solicitor Assistance

If you would like to speak to me in person free of charge about the calculation of your average claim payout or commence a claim online click black ice construction site work injury compensation claim.

Grid Manhole Cover Trip Accident Claim: Council United Utilities Liability Broken Nose Smashed Teeth

Wednesday, December 21st, 2011

UK public liability solicitor sets out how to claim compensation if you have suffered injury from a trip accident over a raised grid or manhole cover, the statutory defence of reasonable maintenance and the medical experts necessary to describe facial injuries including scarring, a broken nose and damaged teeth

Trip accident victim question

After leaving a venue following a meal, I was walking towards bus stop.  My heal  got caught on a 1.5 inch lip on a manhole cover situated on a pavement causing me to fall directly onto my face.

A passer-by witnessed me fall and came to my assistance. I was dazed and my mouth and nose was bleeding. An ambulance was called and I was taken to Accident & Emergency at Hospital In London.

I was diagnosed with a broken nose, two black eyes and smashed tow incisor teeth which could not be saved. I also have cuts to my lips, mouth and gums and I believe I will be left with a prominent scar.

I have since been back to the manhole cover and taken photos. The lip of the cover is standing proud by at least 1.5 inches.

Is it possible to make a claim and if so who can I claim from?

Public liability solicitor response

Liability of the council, local authority and United Utilities depends on several factors including the height of the defect. The general rule is that a defect must be over an inch for liability to attach.

You have indicated that the height of the defect was over 1.5 inches so on the face you could have a claim.

However – for this type of public liability claim a statutory defence known as reasonable inspection and maintenance can debar a claim. In other words – if the council / United Utilities can show that inspections took place on a regular basis (for example every 6 months) and the defect developed in-between inspections the council might not be liable for your injury claim.

As it seems that as grid has the defect I imagine that the body responsible will be United Utilities – but the council will also have records of who conducted the grid works.

To find the council’s position – disclosure of the records held by the council and United Utilities can be obtained by a specialist solicitor. Even if the records show a maintenance record – this can be checked with local residents to see whether the defect has been in existence for some time and whether complaints have been made to the council.

Should the council not have a statutory defence – medical evidence will be necessary to detail your injuries possibly including: a plastic surgeon report to describe your facial scarring; a dental report to describe the your teeth damage and an orthopaedic report to describe your broken nose, black eyes and other injuries to your mouth.

To make a claim for your injuries click grid manhole cover trip accident claim solicitor or alternatively I will be happy to call you back in person to discuss your accident.

Holiday Camp Accident: Trip Slip Compensation Claim Back Wrist Arm Injury

Monday, October 10th, 2011

UK solicitor explains how to claim compensation if you are injured whilst staying at a holiday camp such as Butlins or Pontins

Holiday camp accident victim question

My family and I regularly stay at holiday camps in the UK, such as Butlins and Pontins. I was staying at a holiday camp with my wife and children approximately one year ago and my wife and I went in to the bar area  which was a tiled surface and I slipped falling heavily on my lower back and my right arm.

I immediately noticed that the whole of the tiled surface was wet and it transpired that a cleaner had mopped the surface but had not put our safety cones which should have been used when the cleaning process was taking place to warn visitors of the danger of wet and slippery tiles.

I was treated by an on-site first aider and an ambulance was called as my arm was swelling up. I was taken to hospital and I was diagnosed with a sprained wrist and fractured radius in my right arm.

I was also diagnosed with back pain in the lumbar region.

Can I claim compensation from the holiday camp for my injuries?

Holiday Camp Claims Solicitor Response

“Yes” – you will be entitled to claim compensation from the holiday camp. It is clear that wet tiles would be slippery hence the reason the protocol at the holiday camp of using safety cones  to warn visitors of the danger.

This did not take place and it has been confirmed that it was in actual fact the correct procedure to put the cones out, which for some reason it was not adhered to by the staff.

It would seem that an employee of the holiday camp was at fault and therefore through a legal principle known as vicariously liability (an employer being considered responsible for the negligence of its servants or employees) – the holiday camp should be responsible for paying your compensation.

You will be entitled to claim compensation for all of your injuries including your sprained wrist, fractured radius and lumber back injuries. In addition to compensation for your injuries you would be entitled to any financial losses you have incurred, including: lost income, medical expenses, travel expenses to the hospital and GP, an amount for any family member’s assistance in the home as a result of your injuries and even for a sum of money to compensate you for the loss of enjoyment of your holiday at the holiday camp.

The amount of compensation for an arm, wrist and back injury will be determined by using a specialised accident solicitor who will instruct an orthopaedic surgeon to detail the exact nature of your injuries, the effect on your life and how your symptoms will persist or improve in to the future. Based upon this report your solicitor will be able to determine the amount of compensation you can claim.

Should you wish to make a claim or speak to me in person click holiday camp accident claim.