If you slipped in a loading bay while at work or visiting a workplace, you may be entitled to seek compensation for the injuries you suffered from an employer or business owner. However, for your personal injury claim to be valid, you must be able to provide enough evidence relating to the accident at work and that the incident occurred within the statutory time limit of 3 years. To find out more on whether you have a valid slip injury claim against an employer or business owner and whether you would be entitled to compensation, please read on.
Establishing Responsibility for a Loading Bay Injury Due to a Slip?
If you slipped in a loading bay and suffered an injury, it is important that you are able to prove responsibility on the part of a third party, whether it is your employer, a fellow worker or the owner of a business/company. Whether you are an employee or visitor to a work environment and suffer an injury in the loading bay, an employer/business owner has a legal duty to ensure that you are kept safe from harm and injury. If they fail to do so, they could be deemed negligent and you could, therefore, be entitled to seek compensation for the loading bay injuries you sustained.
Occasionally, the responsibility for a slip in a loading that results in injury can fall to both parties which is referred to as “split liability”. If this should be the case, a judge may rule “contributory negligence” on the part of an employer/business owner and the injured party, in this instance yourself. If it is found that you were 25% at fault for the loading bay injuries you sustained, the amount of loading bay injury compensation you may be awarded would reflect this, in short, you would only receive 75% in the way of compensation for the injuries you sustained.
The Risks Of Slipping in a Loading Bay
Loading bays are high on the list of work environments that put you more at risk of suffering an injury. An employer/business owner must ensure that hazards signs are erected in highly visible areas as a warning to both employees and visitors to a loading bay so they are alerted of the dangers and hazards that may be present.
If there was any sort of spillage, icy surfaces or areas that are known to be slippery in a loading bay, an employer/business owner must ensure that anti-slip surfaces are installed in order to reduce the risk of employees and other people slipping and injuring themselves in a loading bay.
If you slip in a loading bay and injure yourself, you should discuss the circumstances leading up to the incident with a personal injury lawyer who would quickly be able to establish whether your claim against an employer/business owner is valid and whether they could be deemed to have been negligent in their duty to keep you safe from harm and injury while in their employment or visiting the loading bay.
How to Report a Slip in a Loading Bay
You must report the slip incident in a loading bay to the employer, business owner or the person in charge as soon as you possibly can. This report would be needed as proof that incident occurred and would provide essential details of the injuries you suffered. You have the right to check whether the details of your loading bay accident were correctly recorded, and if you find that some of the information is incorrect, you have the right to correct it before adding your signature to the report whether this is in a company’s Accident Report Book or other official means. This could be in a personal email sent to the employer/business owner or in a written letter to them remembering to keep a copy for your own personal records.
Are My Slip in a Loading Bay Injuries Severe Enough to File an Accident at Work Claim?
The more serious the injuries you sustained when slipping in a loading bay, the more chance you would have of being able to file an accident at work claim against an employer or business owner. However, even if the symptoms you initially experience appear to be minor, it is worth noting that things might worsen as time goes on. As such, it is important to seek medical advice from either your own GP or at the Emergency Department of your local hospital as soon as possible so that you have an official medical report of the injuries you suffered that provides details of the minor symptoms you may be experiencing.
What Are the Chances of My Slip Injury Claim Being Successful?
The main criteria that must be met for an accident at work claim against an employer or business owner to be successful are detailed below:
- Can an employer/business owner be held liable for the loading bay injuries you suffered?
- Did you get a medical report of the injuries you sustained?
- Did the accident in the loading bay occur in the last 3 years
For your slip injury in a loading bay claim to be successful and to ensure that you are awarded the correct level of compensation, you would have to provide the following:
- Proof that the incident was officially recorded at the time or as soon afterwards as possible
- Witness statements and their contact details
- Photographic proof of the accident and the injuries you suffered
- A detailed medical report of the loading bay injuries you sustained
- Receipts of all the expenses relating to the injuries you sustained
If all of the above can be met proving that the slip injury you sustained in a loading bay, a personal injury solicitor would undertake to prove your claim against your employer or a business owner and would do so by signing a No Win No Fee agreement with you which means the lawyer can begin their investigations without you having to pay them a retainer to do so. There would be no ongoing payments to find as your case against an employer goes forward either.
What Could I Include in My Slip in a Loading Bay Claim?
You would be able to claim both for your injuries (damages) and your out of pocket expenses (losses) in your slip injury claim against your employer or a business owner. The compensation awarded in personal injury claims is divided into two parts which are general damages and special damages.
General damages cover the pain and the distress you suffered because of the loading bay injuries you sustained through no fault of your own. The amount you would receive is based on Judicial Guidelines and the medical report that was carried out detailing your injuries. The Judicial Guidelines provide information on the level of compensation you may receive for injuries sustained through no fault of your own. However, you would also be awarded “special damages” for all your out of pocket expenses too.
Special damages are awarded as a way of compensating you for your losses which would be all the associated expenses you endured as a result of having slipped and injured in a loading bay. This would include loss of income, future earnings, damage to personal items/belongings, how the injuries impact your ability to ensure the activities you used to take part in and your social life. Special damages also cover whether there was a need for you to undergo post-accident treatment and care.
What Are My Rights if I Slip in a Loading Bay and Suffer an Injury?
As previously mentioned, employers/business owners have a legal duty to ensure that a work environment is safe and that all those who work in a loading bay or who visit the area are kept secure and safe from harm and injury. Your rights are as follows:
- To seek medical treatment for injuries you sustained if you slip in a loading bay – should an employer/business owner attempts to prevent you from doing so, they would be deemed to be acting unlawfully
- To seek compensation for the loading bay injuries you sustained by filing a personal injury claim against an employer/business owner
- To know that your job is secure if you file an accident at work claim against your employer/business owner
If you are an employee and you slipped in the loading bay and suffered an injury, your employer does not have the right to sack you because you file a personal injury claim against them. Should an employer threaten to fire you, make you redundant or even imply that this could happen if you choose to seek compensation for loading bay injuries you sustained, you should contact an employment law solicitor because you may be able to take out further legal action against your employer for having breached your worker’s rights. Employers cannot apply pressure towards you in any way if you slipped in a loading bay and suffered an injury.
Does An Employer have Responsibilities Towards Employees in the Workplace?
Employers have many responsibilities towards their employees and by law, must ensure that a work environment is as safe as possible for both workers and visitors to the site. An employers’ responsibilities include but are not limited to the following:
- To ensure that all employees, other workers and staff are given sufficient training to carry out the jobs they are tasked to do as safely as possible
- To ensure that all employees and other workers are provided with adequate guidance relating to accident management protocols, where safety exits are and detailed information on any hazards and dangers that may be present in a work environment
- To ensure that all employees, other workers and visitors to a work environment are provided with adequate personal protective equipment that is in good condition
- To ensure that all machinery, equipment and tools are in good working order and to replace any that cannot be repaired with new
- To ensure that risk assessments are routinely carried out to identify risks to employees, other workers and visitors to a work environment
Should an employer choose to cut corners or to ignore health and safety regulations that are in place to protect employees, other workers and visitors to a work environment and as a consequence of their decisions, you slip in a loading bay and suffer injuries, the employer could be deemed liable and would have to pay you compensation for the pain and distress you suffered through their negligence.
Is There a Statutory Time Limit to Filing a Slip Injury Claim?
The statutory time limit that must be respected is 3 years but when it begins would depend on the circumstances of the accident in a loading bay you were involved in. This is explained below:
- 3 years from when you sustained your injuries in a workplace
- 3 years from your 18th birthday if the incident happened before this
- 3 years from being diagnosed by a medical professional as suffering from a health issue they directly link to the injuries you sustained when you slipped in a loading bay
It is far better to begin a personal injury claim early because you would need to gather all the evidence needed to prove your case. Without this, your claim may fail. Medical reports and other vital proof of your injuries are an essential part of your case against a negligent employer and it can take a lot of time as well as effort to get this vital evidence together. A personal injury lawyer would advise you from the outset what is needed to strengthen your claim against a negligent employer which would ensure that your case meets all the criteria needed for it to be valid.
Should I Sue If I Slip in a Loading Bay And Suffer an Injury?
Providing the injuries you sustained were through the negligence of either an employer or business owner and through no fault of your own, you have the right to seek compensation for the distress and pain you were caused. Your injuries may be such that you are unable to work or carry out normal daily chores. You may be off work for a considerable amount of time which in short, means you may only be entitled to Statutory Sick Pay (SSP). This can put a lot of financial strain on your life while also affecting your loved ones. Seeking slip injury compensation with the help of a personal injury lawyer would help alleviate this pressure allowing you to place all your focus on recovering from the injuries you suffered when you slipped in the loading bay.
Employers in the UK are legally bound to hold valid liability insurance with the cover being £5 million. The policy must be issued by a recognised provider and employers/business owners should display the certificate in a prominent place within a work environment. When you are injured in a workplace, you can request details of the owner’s insurer which they must provide.
It is the insurance company that pays out the personal injury compensation you may be awarded if your case is upheld. The insurer handles all aspects of your slip injury claim whether it is disputed or not. Should an employer/business owner choose to deny liability for the injuries you sustained, an personal injury lawyer could recommend filing a court action against them providing it is felt that your case is strong enough to win should it go before a judge. If this is so, you may have to attend court and a final settlement may take longer to reach.
However, if the employer/business owner accepts liability, their insurer would typically offer an initial settlement. The solicitor who represents you would advise that this initial offer should not be accepted and would work hard to ensure that the liability insurance provider raises the amount of slip injury compensation you receive in an out of court settlement with 95% of personal injury claims being settled in this way.
What Benefits Can a Personal Injury Solicitor Provide?
Personal injury solicitors have vast experience when it comes to representing people and workers who suffer injuries in a work environment which includes loading bays. They know how to communicate with the companies that issue liability insurance policies and always respect the necessary pre-action protocols that should be adhered to when filing accident at work claims. Other advantages of having the expertise of a personal injury lawyer work on your case includes the following:
- Once satisfied that you have a strong case against an employer or business owner who could be held responsible for the injuries you sustained when you slipped in a loading bay, the solicitor would offer to work on your claim on a No Win No Fee basis, taking all the worry of finding the money to pay for legal representation off the table
- You would have no upfront fee or ongoing payments to find as your claim progresses whether through the courts or in negotiations with an insurance provider
- A personal injury lawyer would let you know at the earliest opportunity the amount of slip injury compensation you may be entitled to receive in a successful claim
- A personal injury lawyer would arrange for an independent medical professional to examine you so they can provide an essential report on the extent of the injuries you sustained when you slipped in a loading bay. This report would be used as a basis for the general damages you receive
- The solicitor would ensure that interim payments are paid should it take longer for a final settlement to be reached
- The amount of slip injury compensation you receive is fair and acceptable
A personal injury lawyer would also ensure that should your injuries be such that you require ongoing, long-term therapy, the cost of this would be included in the “special damages” you are awarded in a successful slip in loading bay injury claim.
If you slipped in a loading bay and suffered an injury that left you unable to work and would like more information on an employer’s/business owner’s responsibilities towards you, please click on the link below:
If you would like more information relating to No Win No Fee agreements, please follow the link below: