A Guide To Trip Over Tools Work Accident – How Much Compensation Can I Claim?
A Guide To Trip Over Tools Work Accident Claims
By Daniel Cohen. Last Updated 9th August 2021. For many professions, and especially those working in manual professions, accidents in the workplace (such as a trip over tools work accident) are all too common. No matter what your profession or role is, all workers and employees have the legal right to expect that their employer has taken every reasonable step to keep them from harm whilst in the workplace. This goes for regular places of work and any exceptional places as well, such as places you are visiting whilst working. As such, if an accident in the workplace does occur, such as slips, trips and falls, the injured party can make a claim for personal injury compensation.
The Workplace (Health, Safety and Welfare) Regulations 1992 are designed to help protect workers from accidents, injury and to mitigate risk in their everyday working environment. The regulations require a duty of care from employers. They must keep workplaces safe and free from hazards. However, one of the most common workplace accident types is slip, trip and fall injuries, such as falling over tools. Falling over at work could potentially cause a serious injury and lead to long-term consequences.
So, if you want to find out if you have a valid claim, get in touch with our advisors.
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Slip, trip and fall accidents can result in a number of injuries. Common injuries can include;
- Broken teeth
- Cracked, damaged, or broken cheekbones, and other bones in the face
- Damage to the jaw bone
- Minor fractures or other minor injuries
- Broken bones in the rest of the body
- Head injuries, from minor to major and including brain damage
- Leg and knee injuries
Whilst slips, trips, and falls are not the only ways of sustaining a workplace injury, they are amongst the most common. Statistics from the HSE show that falls on the same level made up over a quarter of the number of workplace accidents that lead to injuries in 2019/20. At 29%, this made it the most common cause of injuries at work.
Other causes included mishaps during manual handling tasks and even acts of violence. Below, you’ll find a graph displaying a breakdown of these injuries and more.
There are numerous health and safety workplace regulations that govern and refer to aspects of safety and internal traffic routes in the workplace. Internal traffic around the workplace means the usual walkways and corridors. They take people around things such as workbenches or desks and should always be kept free from clutter, such as tools. If you have tripped over tools in the workplace due to them being carelessly left in these areas, you could have a personal injury claim case.
Regulation 12 ‘Condition of floors and traffic routes’ (section 3) of the 1992 Workplace (Health, Safety and Welfare) Regulations states that;
“So far as is reasonably practicable, every floor in a workplace and the surface of every traffic route in a workplace shall be kept free from obstructions and from any article or substance which may cause a person to slip, trip or fall”.
This means that employers have a responsibility to keep all walkways and routes through the workplace safe and clear. Actions that must be taken to prevent a work accident include;
- Having the right policies and procedures in place to ensure that tools are stored correctly and that any spills or waste is cleaned up.
- Keeping floor surfaces well maintained, enhancing slip, trip and fall safety. Slips can be caused by substances such as water, oil and other liquids.
- Providing correct tool storage facilities to prevent a trip over tools work accident.
Carrying out regular risk assessments. These should also be done when there are any changes to the layout of a workspace or environmental changes.
All of these steps are designed to reduce the chance of a slip, trip or fall hazard causing accident and injury in the workplace. If, or when an accident does happen, an employer can be held liable for compensation to the injured employee. This is especially the case if the employer has been negligent, or is in breach of their duties as outlined in the above legislation.
If you have tripped over tools in the workplace and the accident was caused by someone else or by negligence, you can have a legitimate case to make a claim for personal injury compensation. Assuming the accident happened in the workplace, you would make the claim against your employer.
To have a successful trip over tools work accident case, you need to be able to present evidence your employer was in breach of the regulations. You will need to show that the breaches lead to hazards around the workplace in places where you should be walking, such as common routes around your workplace. If your workplace regularly has tools being left on the floor or in hazardous positions, or if there is no place to adequately store the tools, it is likely the workplace will be viewed as hazardous.
When compensation for a workplace accident is being calculated, there are often two main sums to take into account. The first is known as general damages. In addition, there are special damages. We’ll break down the general damages sum first.
This figure is awarded to you so that the physical pain and mental suffering you experience as a result of your injuries is acknowledged. There is a publication known as the Judicial College Guidelines (JCG) that’s used by legal professionals to work out how much your claim could be worth. These guidelines consist of a detailed injury list, including what you could end up being rewarded in compensation as a result. The amount will often vary depending on how severe the injuries in question are, along with the length of the recovery period. Permanent injuries tend to be worth the highest amounts.
Below, we’ve included an example breakdown table with some example figures from the latest edition of the JCG. The guidelines were last updated in 2019.
|Knee||(a) Severe - (ii) when a leg fracture extends into a knee joint - resulting on constant and permanent pain that limits movement and agility||£48,920 to £65,440|
|Arm||(d) the forearm will have sustained simple fractures||£6,190 to £18,020|
|Neck||(a) Severe - (ii) serious damage or fractures to discs in the spine and result in disabilities||£61,710 to £122,860|
|Finger||(m) - amputation of the little finger||£8,110 to £11,490|
|Foot||(d) Severe - both heels are fractured, and mobility will be substantially restricted||£39,390 to £65,710|
|Back||(c) Minor - full recovery made within 3 months||Up to £2,300|
|Wrist||(d) a complete recovery from a fracture or soft tissue damage, but with a longer recovery period than usual||Rarely exceed £9,620|
In some claims, there is also the matter of special damages. This sum is awarded to you so that you can be reimbursed for any extra costs or lost income you have experienced as a direct result of your being injured. To give an example, you may be unable to perform your role at work due to your injuries. If this is the case, you could lose out on wages. The money you would have earned over this period can be worked out and paid to you as part of your special damages payment. This is known as loss of earnings.
Other examples can include travel costs, medical expenses, and damage to your property. It’s very important to maintain records regarding these expenditures. If you’re unable to prove these costs, you’re likely to find it much harder to reclaim the full figure, or sometimes any of it at all.
To find out more about what else can be claimed via special damages, speak to a member of our team today.
The first thing to do after you have received the medical attention you need is to discuss your case with a solicitor. They will be able to assess the likelihood of your claim for a slip, trip or call caused by a misplaced tool in the workplace getting compensation.
Our team of solicitors are able to work with you through a conditional agreement. These are commonly referred to as No Win No Fee agreements. Under these kinds of agreements, you don’t have to make any payments upfront or during the case. If your compensation claim is unsuccessful, you also won’t have to pay anything for our services.
If your slip, trip and fall safety compensation claim is successful, your costs will be detailed in the contract we sign with you. Not all law firms will offer No Win No fee services and not all do so on the same terms. If you choose to go ahead with Legal Expert, we will walk you through our fees, so there won’t be any nasty surprises.
No Win No Fee agreements reduce your financial risk. And help those who might not otherwise be able to afford to bring a claim against their employer. There are no hidden charges or fees. You can learn more about our No Win No Fee services here.
A trip over tools work accident could leave you with a variety of different kinds of injuries and leave you suffering both physically, mentally and psychologically. These injuries can result in life-changing consequences for people, stopping them from being able to work and losing income. The right solicitor will be able to help you bring a successful compensation claim against your employer or other responsible parties (such as their insurance).
Why do clients choose to work with us? We have a team of expert solicitors who are on hand to help with your case. We can work with you to offer a range of excellent legal services and general legal advice. Thanks to our experienced and expert legal representatives, you can benefit from our range of services.
We can start reviewing your case through a free, no-obligation consultation. This talk will help to establish the credentials of your case. We aim to support you through your recovery and get you back on your feet. Take advantage of our comprehensive No Win No Fee personal injury compensation service. At Legal Expert, we are dedicated to representing your and fighting your case and will fight to get you the compensation you deserve.
Many trips over tools work accident injuries are caused by slips, trips and falls. They can result in a relatively minor injury all the way up through broken bones and even in extreme cases result in brain damage to the injured party.
We will have a much better chance of making a successful claim for you if we can demonstrate your injuries through medical reports and your employer’s accident report book. This will help us to show that you have been injured, that the injury was not your fault and that in this case, you were not at fault.
It is in the interest of making a successful claim to get professional and expert legal advice straight away. At the start of your claim, we will always make it clear that no two personal injury claims are the same. Even if the resulting injury and the accident which caused it are the same, the result and effects of you and your life could be totally different. If you do not see a doctor and obtain a comprehensive medical report as well as having the incident logged in your employers’ accident report book, and if you do not see a solicitor at the earliest chance, you could jeopardise your claim. Ultimately, not getting these early steps right could mean that your claim is not successful or that your claim is unsuccessful.
At Legal Expert, we are ready to work with you and getting you the compensation you deserve for your trip over tools work accident. We regularly work with clients who have had cases covering all kinds of workplace accidents. We can provide help and advice for anyone who has been injured in the course of their workday. Even if you are a guest or visitor to a workplace you can still make a claim against the employer responsible for the area.
We can start your claim today with an initial, free consultation. We’ll discuss your claim and possible compensation. Talk to our legal experts today. Fill in a contact form or use our online chat feature. Alternatively, you can call our experts today on 0800 073 8804.
Find out your employer’s responsibilities in the workplace.
We are happy to work with you on your slip, trip or fall claim.
Another article from us on the topic of articles at work.
Our general guide to the process of making a personal injury claim.
If your injury was captured on CCTV, you have a legal right to request the footage.
This is someone who can pursue a claim for you or someone else on their behalf. Find out more information from this government source.
If you have had an injury at work contact us today to find out if you can claim compensation.