Find out how to claim compensation if you have suffered an injury at work with the example of a dislocated knee from a fall down a hole in the floor in an office.
Using the example of a dislocated knee at work find out how you can claim compensation for various injuries in the work place due to inherent dangers including a hole in the floor in an office
Work accident victim question
I am a secretary and I work in a office in Birmingham city centre. The office is a converted warehouse with polished original wooden flooring. For some time one of the floor boards in the office has been missing leaving a large hole in the floor.
I was aware of this hole as it is clearly visible, but boxes were laid down on the floor with files in. A phone was ringing in a section near to the missing floor board. I was asked by my boss to quickly go and answer the phone so I ran between the boxes forgetting the hole in the floor and my right foot went down the hole badly twisting my right knee causing a dislocation.
The accident was reported in to the work accident book, as I was off work for more than three days I believe my employer reported the incident to the health and safety executive using a RIDDOR report and the floor board was immediately repaired.
It is now a year after the accident and I have been told I might need an operation to prevent the pain which I still suffer in my right knee due to the dislocation.
Can I claim compensation even though I knew that the floor board was missing?
Work accident solicitor response
An employer is required to keep the work place safe for employees at all times. If a floor board required replacement the area should have been sectioned off until the floor board was replaced to prevent employees from causing injury in a similar manner to which you have suffered irrespective of whether the absence of the floor board was known by workers or otherwise.
It seems clear that the floor board was missing for some time and it is quite natural that during the stresses of work in an office and especially when the floor board was obscured by boxes of files – you could forget the presence of the hole in the floor and your foot and leg could slip down the hole and cause injury, such as a dislocated knee.
It is clear that you were instructed by your ‘’boss’’ to answer the telephone quickly, which your employer should have known would have involved passing over the dangerous area of the floor.
There is a potential for your claim to be reduced by contributory negligence, but I believe that a hole in the floor in an office is so inherently dangerous that any deduction would be minimal if in actual fact a deduction would take place.
A dislocated knee requiring an operation in the future can attract quite large sums of compensation. This would include compensation monies for not only a dislocated knee, but also for any potential future lost income due to your inability to work, any disadvantage on the open labour market (a risk of difficulty of finding future employment due to your injury should you lose your job), medical expenses both now and in to the future, etc.
Click accident at work compensation to see the types of financial losses you can claim following a work accident.
Click knee injury compensation claim to see examples of how much compensation you can claim for the pain and suffering for knee injuries.
Should you wish to discuss your potential claim I am available to speak free of charge on the number under my photograph at the top of the page or alternatively click claim compensation work accident to have your claim assessed by me online free of charge.