We settled a claim for an accident at work where our client sustained serious upper limb fractures due to a fall. Our client was walking across the entrance hall of her place of employment when she slipped and fell heavily on her arm. Although she made a good recovery from her broken arm, she has been left with permanent residual symptoms. She instructed us to pursue a claim primarily to recover her lost earnings and medical expenses.
Investigations into liability were carried out and it transpired that the cleaning fluid used to polish the floor was applied in a much higher dose than recommended, leading to a build-up in residue which created a greasy film across the floor. Other areas of the workplace were found to be in a similar condition and members of staff had previously complained about the surfaces.
We brought a claim on behalf of our client against the employer on the grounds that it had failed to comply with the Workplace (Health, Safety and Welfare) Regulations 1992 and the Management of Health and Safety at Work Regulations 1999. The floor was part of the workplace and was unsafe. Although the unsafe nature of the floor was due to the way in which the cleaning contractors were cleaning it, the ultimate responsibility for ensuring that the floor was safe rested with the employer as the floor formed part of the workplace.
Our client’s employer agreed to pay compensation and a settlement was secured.