Mr S was working as a yard person for a container company in Wakefield and on the day of the accident was cleaning down a container with a jet pressure hose. As he was looking up at the container whilst using the jet washer his foot went down into a large pothole causing his foot to go over and as he attempted to stop himself falling he injured his back. As a result of the injury caused by the accident Mr S was off work with his back injury for a period of 3 months which caused him a loss of earnings to add to his claim.
Hayward Baker personal injury Solicitors helped Mr S with his claim for compensation and recovery of other losses caused as a result of the accident.
Hydrotherapy sessions were arranged for treatment to Mr S’s back injury and a medical appointment was arranged so a report could be formulated upon his injuries and this would be used to support and value his claim for compensation.
Liability was never an issue in this case so it was simply a matter of collating medical evidence. This did take some time due to Mr s having to undergo treatment to his back injury and to await a final prognosis from the medical consultant who examined him.
The reason Mr S’s employer was blamed for this accident was as follows:
‘You failed to carry out any or any suitable and sufficient assessment of the risks presented to our client in the course of his employment with yourselves. If you had you would have identified the risk of tripping/falling in the yard area due to worn and defective tarmac. This is in breach of Regulation 3 of the Management of Health and Safety at Work Regulations 1999.
You failed to ensure the surface of the floors and traffic routes in the workplace were suitable and in particular did not expose any person to a risk to their health and safety. This is in breach of Regulation 12 of the Workplace (Health, Safety & Welfare) Regulations 1992.
Having identified the risk you should have completely removed that risk by resurfacing the yard area or repairing the potholes.
If, which is not accepted, it was not reasonably practicable to completely remove the risk you should have taken steps to minimise the risk by guarding, fencing off the pothole and placing warning signs up.
As a result of your failure to adequately assess the risk, remove it or if not practicable minimise it you exposed our client to an unnecessary risk of injury and our client has now been injured.
Additionally or alternatively you have a common law duty to take reasonable care for the safety of our client, your employee. Your failure to do this is in breach of that duty and as such is negligent in law.’
An offer was received by Mr S’s employers insurers for £3,660.00 of which £1500.00 was for his back injury the rest being travelling expenses and loss of earnings.