So – what happens if your employer fails in this important duty they have for you, and you end up injured? You can make a claim for compensation from their insurance.
In any event, a regular system of inspection and maintenance should be carried out to make sure there are no slippery surfaces or defects on the floor waiting to trip you up. Any hazards spotted should be either rectified, or cordoned off and appropriate signage put in place to warn you of the hazard. If you are not advised of a hazard, or are unaware of its presence, you can make a claim.
But – what about in instances where the likelihood of the floor being slippery or littered with tripping hazards is an unavoidable factor? Say for example:
- You are a plumber, sent by your employer to fix a leak that has leaked water all over the floor. The floor will be slippery – your employer should do a full risk assessment and ensure to minimise the risk as much as they can – for example, with protective equipment (well gripped boots perhaps!)
- You are a builder whom has been instructed by your employer to make safe a weak area of a multi story landing where there is a risk of falling through it – the task should be fully risk assessed and your employer should do everything possible to make sure you don’t end up falling through it
- You’re in the army, sent on a training exercise up a snowy mountain – you should be provided with the right equipment to get up there safely (strong boots, rope, harness perhaps etc)
You may have noticed that the above examples all relate to areas outside of where your employment may be based. The same rules still apply though – wherever you work is your workplace. If I was sent out to meet a client with a works vehicle, the vehicle itself would be classed as part of my workplace.
Ultimately, if a risk of tripping or slipping is unavoidable, you should be made fully aware of it; and I don’t just mean being advised verbally to “watch out for slip or trip hazards” – you should be fully advised of the locations and the nature of the hazards, and appropriate signage should be in use.
If your employer fails to follow these simple health and safety regulations, and you end up injured as a result, you can make a claim for compensation from their insurance. It’s a legal requirement for employers to have an Employers Liability Insurance policy in place, and it exists for you to claim from in the event you are injured at work through no fault of your own.
But – before you start worrying about the backlash from your employer for claiming: fear not! There is nothing your employer can legally do to adversely affect your employment for claiming from them (i.e. they can’t sack you or treat you any differently) – if they did, you’d have a further claim against them.
Thankfully, the majority of employers are aware of this, and we find a lot of employers encourage employees to claim from the insurance. After all, it exists to claim from; you have a right to be compensated for your pain, suffering, and financial loss.
What you need is a fully qualified personal injury lawyer working on a Genuine No Win No Fee basis. This means 100% compensation for you, with no deductions, and no hidden charges. If the claim doesn’t win, you will not have to pay your lawyer’s fees.