Kitchen Slip Or Trip Claim Guide – How To Claim Compensation
By Stephen Hudson. Last Updated 17th August 2023. This guide will explain how to make a kitchen slip or trip claim following an injury at work. If your employer breached their duty of care to you and you experienced a slip, trip or fall accident in which you were injured, you may be eligible for compensation.
In this article, we will discuss how a slip or trip accident could occur as a result of negligence, as well as the injuries they could cause.
Following this, we will discuss how solicitors and other legal professionals can calculate compensation in personal injury claims and provide examples of guideline compensation brackets.
Our advisors are here to help if you have any more questions or would like to know how one of our solicitors could help you. To learn more, get in touch with us today to enquire about making a kitchen slip or trip claim:
- Call our helpline on 0800 073 8804
- See if you can claim online
- Use our web chat widget to ask us a question right now
Select A Section
- Our Kitchen Slip Or Trip Claim Guide
- How Could A Kitchen Slip Or Trip Occur?
- Injuries Caused By Slips And Trips
- How Long Do I Have To Claim For Kitchen Accident Injuries?
- Slip Or Trip – Do I Need Evidence To Claim If Injured?
- Calculating Kitchen Slip Or Trip Claim Payouts
- Start Your Kitchen Accident Claim
A duty of care means that one party must take reasonable steps to protect another party’s health, safety and welfare. For example, according to the Health and Safety at Work etc. Act 1974 (HASAWA), all employers owe a duty of care towards their employees. so their employers must ensure that they take all reasonably practicable steps to keep them safe when working.
A restaurant accident causing an injury could happen as a result of this duty of care being breached. Some of the things that employers are expected to do in order to safeguard their employees include:
- Choosing suitable floor surfaces.
- Providing employees with training.
- Maintaining good housekeeping.
- Supplying appropriate personal protective equipment.
Not all injuries in a kitchen will be grounds for a valid claim. There may be some instances where employees have been responsible for the accident that left you injured.
A kitchen slip or trip accident could occur in a number of different ways. However, in order for you to claim, the incident that caused your injuries must have occurred as the result of negligence. If your employer took all reasonable steps to ensure your safety, but an accident occurred despite this, you’d be unable to claim.
Slipping hazards in restaurant kitchens can include:
- Inadequate flooring. For example, a kind of tile used on the floor may be inordinately slippy when wet. A potential solution to this could be to place down non-slip mats on the floor.
- Poor footwear. Employers are responsible for providing their employees with any personal protective equipment (PPE) needed by their employees. If specialist footwear is required to control the risk of slipping, it would be classed as PPE.
- Spillages. While spillages in a kitchen may not always be avoidable, they should be dealt with in a reasonable timeframe to avoid employees being injured after slipping on a wet floor.
To find out if you could be eligible to make a kitchen slip or trip claim, get in touch with our team of advisors today.
Slips and trips in professional kitchens can cause a range of different injuries. While some of these could be minor, injuries sustained as the result of a slip or fall could be life-changing. In some cases, this kind of accident could be fatal.
Below are some examples of the injuries this kind of accident could result in:
- A fall can result in a broken or fractured bone. For example, a person may break their wrist if they try to block their fall with their hand.
- Fall accidents can result in soft tissue injuries, such as sprains and strains.
- If the person hits their head on the floor, they could experience a traumatic brain injury.
- A fall can result in a dislocation injury, where the bone slips out of the joint.
- Slips and trips can also result in scrapes, cuts and abrasions.
- Restaurant workers may suffer from burn injuries if they fall into hot oil or onto a lit stove
The Limitation Act 1980 establishes that there is a three-year time limit for starting a personal injury claim. If you intend to claim for injuries caused by a slip or trip accident in a kitchen, then this time limit usually begins from the date of your accident.
The time limit for starting a claim can work differently under certain circumstances. For instance, if the injured party is a child, then the time limit will not start until their 18th birthday. A claim could potentially be made on the child’s behalf by a court-appointed litigation friend before this day. However, if this does not happen, then the three-year time limit will start for the injured party once they turn 18.
If the injured party lacks the mental capacity to claim for injuries caused by a kitchen accident, then the time limit is suspended indefinitely. A claim could still be made on behalf of the injured party by a litigation friend. If this doesn’t happen, and the injured party later recovers their mental capacity, then the time limit will start from the day of recovery.
If you still have any questions on your eligibility to claim for a slip or trip in a kitchen, and how long you have to do so, then get in touch with our team of advisors for free today.
As stated above, in order to have a valid claim, you must prove that your injuries were a direct result of your employer’s negligence. This requires evidence.
Evidence examples that could be useful when claiming for injuries suffered in falls and trips:
- Medical records. These will prove that the slip or trip caused an injury as well as the nature of it and any treatment given.
- Accident footage. For example, you can request CCTV footage of yourself. Additionally, photographs of the scene could be submitted.
- Accident logbook. It should be filled in with your name, the time and date and any relevant details, such as the nature of the incident.
- Injury photographs. If the accident caused any visible injuries, such as swelling, you could submit these.
- Witness contact details. Anyone who saw what happened can be contacted at a later date for a statement.
If you need any help gathering evidence or with any other aspect of the personal injury claims process, call our advisors. We’re here to help with workplace accident claims 24 hours a day, 7 days a week.
You will receive general damages if your kitchen slip or trip claim is successful. This provides compensation for the pain, suffering and loss of amenities that your injuries caused. To get a broad idea of what you could receive in general damages, you can check the table below.
|Injuries To The Pelvis And Hips||Severe (i)||Extensive fractures or broken bones, potentially including the dislocation of lower back joints and a ruptured bladder.||£78,400 to £130,930|
|Injuries To The Pelvis And Hips||Severe (ii)||Injuries similar to the above, but only a little less severe, with distinguishing features that lift this bracket above those of lesser severity.||£61,910 to £78,400|
|Shoulder Injury||Severe||Where there is damage to the brachial plexus that results in significant disability.||£19,200 to £48,030|
|Shoulder Injury||Serious||A serious injury to the shoulder which may dislocate the joint and cause pain in the shoulder and neck.||£12,770 to £19,200|
|Wrist Injury||(B)||Following the injury the person does still have some degree of useful movement in their wrist, though there is a significant disability.||£24,500 to £39,170|
|Back Injury||Moderate (i)||The injury could have been caused by a crush or compression fracture affecting lumbar vertebrae. The person is at risk of osteoarthritis.||£27,760 to £38,780|
|Back Injury||Moderate (ii)||This could include injuries such as disturbances of muscles and ligaments, which lead to backache.||£12,510 to £27,760|
|Ankle Injury||Moderate (c)||The ankle injury leaves the person with difficulty when either standing or walking long distances.||£13,740 to £26,590|
|Fractured Forearm||Simple fracture||Simple fractures of bones in the forearm.||£6,610 to £19,200|
|Fractured Jaw Bone||(iii)||A simple fracture of the jaw requiring immobilisation. The injury will fully heal.||£6,460 to £8,730|
The figures in this table were provided by the Judicial College Guidelines (JCG). This is a document that contains guideline settlement awards for a number of injuries and illnesses. Solicitors, judges, and other legal professionals often use this document to help them value claims.
However, please note that these figures are not guaranteed. Every claim is unique, so the payout you could receive may differ.
Kitchen Slip Or Trip Claim Special Damages
You may also receive special damages as part of a successful claim. Special damages provide compensation for the financial impact of your injuries. For example, you may need to travel back and forth to hospital appointments. In this case, you may be able to claim back the money you spent travelling under special damages.
Evidence is important in special damages; if you don’t provide evidence, you may not be fully compensated for the losses you have incurred. Proof could include things like receipts and invoices showing the amount you have spent.
If you would like to start a kitchen slip or trip claim, our solicitors may be able to help. With a kind of No Win No Fee arrangement called a Conditional Fee Agreement (CFA), one of our solicitors could provide you with representation and legal advice, generally without asking for any ongoing fees or upfront costs.
Typically, you only pay your CFA lawyer if your claim succeeds. In this case, they will take a small success fee from your compensation. But, if your claim doesn’t succeed, they won’t usually charge for the services that they have provided.
Please contact us today to see if you can make a kitchen injury claim:
- Call our claims advice line on 0800 073 8804
- Enquire about making a claim online
- Use our Live Support widget to seek help claiming compensation
For more helpful guides, we have included some links below:
- How Much Compensation Can I Claim for a Supermarket Accident Claim?
- Snow Or Ice Slip, Trip Or Fall Accident – How Much Compensation Can I Claim?
- How To Claim Compensation For A Slip And Fall In A Toilet or Bathroom
- Learn more about claiming compensation for a fall at work here. You can find potential compensation payouts and advice on working with a No Win No Fee solicitor.
Or, for further resources:
Thank you for reading our kitchen slip or trip claim guide.