Knee Injury sustained after platform lowered without warning

Our client was employed as an HGV Driver and was on site to connect a trailer to an HGV which had been reversed onto a platform.  As our client was busy connecting the appropriate wires and checking they were properly connected, the platform lowered by 3 – 6 inches.  Our client was unaware that the platform had been lowered and no warning was given.  As our client went to walk off the platform, he tripped sustaining a knee injury.

Lawson-West solicitors began a personal injury claim.  The tripping accident was the site’s occupier’s fault as they were in breach of the Occupiers’ Liability Act 1957, the Workplace (Health, Safety and Welfare) Regulations 1992, the Management of Health and Safety at Work Regulations 1992, the Provision and Use of Work Equipment Regulations 1998 and negligence in that they:-

• failed to discharge the common duty of care to see our client was reasonably safe in using the premises;
• exposed our client to a foreseeable risk of injury;
• caused, permitted or suffered our client to work in an area when it was not safe to do so;
• failed to take any care for the safety of our client;
• failed to provide or maintain a safe means of access or exit from a place in which our client had to work by failure to ensure the platform would not drop or would not create a trip hazard if it dropped;
• caused, permitted or suffered the platform to lower from the surrounding floor area so creating a hazard;
• failed to ensure the platform would remain level;
• exposed our client to an unnecessary risk of injury.

After the accident our client attended the local hospital where he was found to have injured the ligaments in his right knee.  As a result of the accident, our client had to take nine weeks off work as he could not drive until his injured knee was sufficiently healed.  Lawson-West recovered compensation of just over £5900 in respect of our client’s injuries and loss of earnings for the nine weeks he could not work.

Trip on packaging strap at Work caused Broken Arm

Our client was employed as a Parts Delivery Driver and was walking along a corridor which housed shelving for stationery. As he was walking, he stepped on a white circular strap and his foot got caught in the loop of the strap. He fell forwards on his hands and knees, putting his arms out to try and break his fall. A colleague, who had witnessed the accident, took our client to the office nearby. The accident was recorded in the Accident Book.

The white strap had been removed from a box of paper and, instead of being tidied away, had been left on the floor.

Lawson-West began a personal injury claim. Our client had been taken to hospital after the accident where it was discovered he had broken his right arm and injured both of his knees. The accident was the employer’s fault because the employer:-

• failed to comply with The Workplace (Health, Safety and Welfare) Regulations 1992 and the Management of Health and Safety at Work Regulations 1999;
• negligently failed to keep corridors free from obstructions which might cause someone to slip, trip or fall and caused the strap to become a danger to our client in breach of Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992;
• negligently failed to provide sufficient floor area for the health, safety and welfare of our client at work in breach of Regulation 10 of the Workplace (Health, Safety and Welfare) Regulations 1992;
• negligently failed to maintain the workplace in an efficient state in breach of Regulation 5 of the Workplace (Health, Safety and Welfare) Regulations 1992;
• negligently failed to make a suitable and sufficient assessment of the risks to the health and safety of our client to which he was exposed whilst at work in breach of Regulation 3 of the Management of Health and Safety at Work Regulations 1999;
• negligently failed to establish and give appropriate procedures to be followed and to ensure that white straps from stationery boxes are tidied or thrown away and not left lying on the floor in breach of Regulation 8 of the Management of Health and Safety at Work Regulations 1999;
• failed to provide our client with a safe working environment.

Lawson-West secured compensation of £2600 for general damages in respect of our client’s broken arm and knee injuries only.

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.

 

Related Articles:

 

Printing caused dislocated knee

 

Weighbridge trip caused torn ligaments

 

Dental work and damaged knee after trip near a car park

Weighbridge Trip caused Torn Ligaments

Our client, who is employed as a delivery driver, arrived at premises where he was to make a delivery.  After offloading his delivery, our client drove towards the exit.  Our client had been instructed to exit via the weighbridge so he drove onto the weighbridge and got out of his lorry in order to collect the paperwork.  After he’d got out of the cab, he stood back to shut the cab door and his foot went over a raised edge, causing him to fall.

 

Lawson-West began a personal injury claim.  The accident was the fault of the occupiers of the premises where the delivery was made because they:-

 

·         failed to keep the weighbridge area free from obstruction;

·         failed to provide or maintain a safe means of access to every place at which our client had to work or make and keep safe the place in which our client was working;

·         failed to discharge common duty of care to see that our client was reasonably safe when using the premises;

·         caused, permitted or suffered the surface next to the weighbridge to become or remain a hazard;

·         failed to devise, institute, operate or ensure the institution or operation of any or any adequate system of housekeeping in order to ensure the premises were kept free of tripping hazards;

·         exposed our client to a foreseeable risk of injury;

·         instructed our client to walk in the weighbridge area when it was unsafe to do so;

·         failed to warn our client of the dangers of walking in the weighbridge area or prevented him from using the weighbridge;

·         failed to take any or any adequate care for the safety of our client;

·         breached statutory duties under the Workplace (Health, Safety and Welfare) Regulations 1992 and Occupiers’ Liability Act 1957.

 

After his fall, it took several minutes before someone came to help.  The accident was recorded in the accident book.  Our client phoned his employer to tell them about the accident.  He managed to drive back to his employer’s premises where he continued working.  However, on the day after the accident, he attended hospital where he was diagnosed as having torn ligaments in his ankle.

 

Lawson-West recovered accident compensation of £1750 for our client’s injuries along with compensation for loss of earnings as our client had to take time off work following the accident.