Workplace Slip Accident Compensation Win for Levenes
Levenes recovers substantial damages for a worker of a galvanising plant injured in a slip accident. A case previously rejected by another firm of solicitors.
Trip & Slip Accident at work claims
Slipping and tripping accidents are the most common cause of major injuries at work. Thousands of people are injured in trip and slip accidents at work every year. Injuries range from fairly minor injuries such as bruising and sprains to serious fractures and head injuries.
In this case the Claimant worked in a huge warehouse. The warehouse contained tanks with acid, water and lux, where large metal items were dipped before going to a furnace. In particular various metal items were transported by forklifts from the outdoor yard and then overhead by a crane from tank to tank and to the furnace. As a result the floor was often covered with various liquid substances, rain water and mud. Consequently, parts of the floor were slippery and hazardous.
The Day of the Slip Accident
On the day of the slip accident the Claimant was operating a gantry crane. Whilst walking towards the galvanising furnace the claimant was both looking up at the suspended item and glancing at the floor. As he walked on, the Claimant slipped and fell, landing on his right elbow. As a result he suffered a very complex open fracture for which he needed 2 operations and metalwork. The Claimant was unable to work for over 10 months and was unable to support his family. They subsequently suffered financial hardship as a result of the accident. The Claimant is also left with lifelong restrictions in his injured dominant arm.
Accident Liability Denied
Liability was denied on the basis that the Claimant was a supervisor and it was his duty to ensure that the floor was kept clear of any substances capable of causing a person to slip.
In reality, the Claimant had not been provided with any instructions, training or resources to keep the floor clean. On top of this, he was expected to meet daily targets and cover for any absent members of staff. Frequently, the company suffered notorious staff shortages. To that extent, the Claimant was doing his own and other people’s jobs during each shift. With the limited number of staff on night shifts and working conditions, it would be virtually impossible for him to control and keep the area clean. In reality it’s a vast area of the floor in the galvanising plant.
Furthermore, the defendant’s solicitors had commissioned an expert situation report. The report stated that the floor in the factory complied with the required standards and therefore was safe.
Under those circumstances The Defendants declined to make any offers of settlement to the Claimant. On this basis it looked like a hopeless case. The previous solicitors representing the Claimant decided that the case did not have sufficient prospects of success and turned him down.
Levenes Slip Accident Investigation
The Claimant instructed Levenes solicitors very shortly before the expiry of the limitation period. Levenes expert injury solicitors revived the evidence and reached their own conclusions. Despite the high legal expenses and insurers refusing to provide indemnity for the legal costs. Levenes took the case on and decided to issue court proceedings.
Levenes obtained witness evidence from the Claimant and his colleagues. It became apparent that the inspection of the floor was conducted in very different conditions to those on the day of the slip accident. The original inspection happened on a warm and dry day. The floor was meticulously cleaned prior to the inspection. In addition, the Claimant was not invited to participate. Had he been invited, he would obviously objected to this.
It was found that the state of the floor in the normal running of the galvanising plant was safe in some places but very slippery in other places. As an illustration our supervising partner compared it to a pepperoni pizza. Where the substances were dripping there were patches (like pepperoni slices on a pizza) of very dangerous and slippery floor. Whereas in close vicinity there were also areas of clean and safe floor.
Once Levenes obtained and submitted their evidence, the Defendant’s solicitors changed their stance and engaged in negotiations of a settlement.
The case was conducted by a Polish speaking solicitor Joanna Mackiewicz under supervision of a senior partner Colin Martyr. This case highlights that our team of injury lawyers will work tirelessly to get the best possible outcome following your injury. Often we work on a no win no fee basis so you have no initial costs to make a claim.
Workplace Trip & Slip Accidents Claims Advice
Trip and slip accidents are a common cause of injury. If you have been injured in a tripping or slipping accident at work, on a public pavement or highway, or in a shop or other premises, get in touch. We will assess your case and let you know if you are able to make a claim for personal injury compensation. We have the experience and expertise to ensure that you receive the maximum amount of compensation that you are entitled to.
Get in touch today and find out within 1 hour if you have a claim! Call 0800 048 2355 or enquire online now.
Workplace Slip Accident Compensation Win for Levenes
22 May 2019