Trip over Wire led to Elbow Surgery

Our client, who was employed as an administrator, was working at her usual work station.  During the afternoon, she stood up to walk out from behind her desk and tripped over a wire from a free-standing heater placed against the wall behind her chair.

 

Lawson-West began a personal injury claim.  The employer was at fault because:

 

·         they failed to undertake a suitable and sufficient assessment of the risk to health and safety of our client in breach of Regulation 3 of the Management of Health and Safety and Work Regulations 1992;

·         they failed to ensure that our client’s workstation was suitable for the work undertaken in breach of Regulation 11(1) of the Workplace (Health, Safety and Welfare) Regulations 1992;

·         they failed to ensure our client would be safe from the risk of falling in breach of Regulation 11(2) of the Workplace (Health, Safety and Welfare) Regulations 1992;

·         they failed to ensure our client had sufficient floor area, height and unoccupied space for the purposes of health and safety and welfare in breach of Regulation 10(1);

·         they failed to keep the floor free from obstructions which might cause our client to slip, trip or fall and/or caused or permitted to be or become or remain a danger to our client in breach of Regulation 12;

·         they failed to ensure our client would be reasonably safe whilst at her place of work.

 

After the accident, our client was taken to hospital.  She suffered a fractured elbow and had to undergo surgery on two occasions.  Moderately severe arthritis has now developed in her elbow.  Our client remains unable to fully extend her arm and cannot carry heavy items.  In the future she may require a part or full elbow replacement.

 

Lawson-West recovered £25000 in accident compensation for our client’s injuries and suffering plus recompense for disadvantage in the labour market, which in effect compensates our client for the fact that if she lost her job, she would be disadvantaged in finding another job due to her injuries.

 

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