If you have sustained injury as a result of a pothole in the workplace then you may be entitled to claim compensation. Of course we deal with many claims in relation to potholes but many are in relation to accidents on the street in a public place. The difference is that if you trip or sustain injury due to a pothole in a public place then the council are probably the authority responsible. If you trip or sustain injury due to a pothole in the workplace, such as in the works yard, then any claim would be against the employer if the land is owned by them. If the land is rented then it could be the landlord’s responsibility. But usually it would be the employer’s responsibility to ensure the land is safe and to ensure workers are not injured as a result of any defect (such as a pothole for example).
When we are talking about the workplace, The Workplace (Health, Safety and Welfare) Regulations 1992 apply. These regulations do contain a specific part in relation to the organisation of traffic routes. The regulations state:
- S17 (1) “Every workplace shall be organised in such a way that pedestrians and vehicles can circulate in a safe manner”.
- S17 (2) “Traffic routes in a workplace shall be suitable for the persons or vehicles using them, sufficient in number, in suitable positions and of sufficient size.”
This is of course a very important point when you think about many workplace environments. In building works for example you would generally have people working on the ground and people working in lorries/trucks etc. Without a designated route or procedure there is a high risk that an accident could occur. In order to satisfy paragraph S17 (2), suitable measures must be taken to ensure that:
- (A) “Pedestrians or, as the case may be, vehicles may use a traffic route without causing danger to the health or safety of persons at work near it”
- (B) “There is sufficient separation of any traffic route for vehicles from doors or gates or from traffic routes for pedestrians which lead onto it”
- (C) “Where vehicles and pedestrians use the same traffic route, there is sufficient separation between them.”
The regulations are of course designed to keep workers safe and free from injury. If the employer does not meet the standard set by the regulations and an accident occurs, it would be difficult to envisage the employer escaping liability. There is also a point in the regulations which confirms that all traffic routes should be suitably and clearly indicated.
If you have sustained injury in the workplace do not hesitate to contact The Injury Lawyers. We deal with all types of personal injury claims and we can assess your claim for free. Unlike many law firms, we are still able to offer 100% compensation for most types of claims.
