Work Accident Claims – 100% Compensation!
Trolleys and stock cages are a common piece of work equipment in many roles and workplaces. There is a duty for employers to take reasonable steps to make sure that trolleys and cages are maintained and suitable for use under The Provision and Use of Work Equipment Regulations 1992.
But what if there is nothing wrong with the trolley or cage itself, but the floor is dangerous or defective and a wheel gets stuck or caught, resulting an injury? Perhaps the sudden stop has jerked you and caused a back or shoulder injury, or perhaps the shift in weight has caused the trolley or cage to fall over?
Can you claim?
The Workplace (Health, Safety and Welfare) Regulations 1992 put an important duty on your employer to ensure that any traffic routes and working areas are safe to navigate. In fact, there is a whole section for it:
12. (1) Every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used.
(a) the floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety; and
The above are just a couple of lines form the regulations that show there is a duty on your employer to ensure traffic routes are safe to use, and this is even more important when it comes to the use of trolleys and cages. A wheel, typically a castor wheel that may be used, could easily get caught in a divot or on an uneven section of ground, or cause an injury in an area where the ground changes from one material to another.
You can also apply The Manual Handling Operations Regulations 1992, as using the equipment to move stock and items around is a form of manual handling. As such, tasks like this need to be risk assessed by employers to identify any potential problems with traffic routes to prevent an injury. This strengthens the level of the duty your employer has to you.
Suitability of equipment over rough ground?
Rough or uneven ground may be unavoidable. If that’s the case, is the trolley or cage you’re using suitable for use? Should there be something with a better set of wheels and stability for the task at hand? There’s really no excuse when it comes to the responsibility your employer has to look out for your health and wellbeing – if there is something they can do to prevent you from being injured, and its reasonable for them to do it, they should!
Legislation: http://www.legislation.gov.uk/