TRIPPING AND FALLING ACCIDENTS AT WORK

May 22nd, 2008 Hinchliffes

Published in Truckstop News – March 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers the causes and consequences of “TRIPPING AND FALLING ACCIDENTS AT WORK”.

Approximately 37% of all major accidents in the workplace are caused by slipping and tripping. Of those, 95% result in broken bones or dislocated limbs. A slip or trip could lead to even more serious consequences, such as falling from a height or colliding with a motor vehicle, and the possibility of falling into a machine or into a container of hot liquid or acid hardly bears thinking about.

Most workplace slipping and tripping accidents are foreseeable and could easily have been prevented if the employer or occupier of the premises had implemented simple control measures, such as placing a sign or a barrier where a floor is wet. Both employers and occupiers of commercial buildings owe a duty of care to their employees and also to people visiting the premises. This means that they must provide safe access to and exit from the premises, together with relevant information and adequate warnings of any risks to health and safety.

Many slipping accidents are caused by wet floor surfaces, whether due to the presence of water or other liquids, such as oils or fluids left by leaking machinery. However, even a layer of fine dust on a smooth floor can make it as dangerous to walk on as if it was covered with ice and snow. At entry points there should be suitable matting to enable people to dry their footwear before proceeding into the building. Outside, all areas where people are expected to walk should be kept clear and safe, particularly in places where leaves might collect or that become icy if there is bad weather.

Tripping accidents can arise because of poor quality entrance matting and worn or defective “non slip” mats. Other common causes of tripping are loose or torn carpets, loose floor boards and tiles, or generally uneven floor surfaces. Cables lying across the floor and the accumulation of boxes or rubbish can also become hazards. A person’s line of sight should not be obstructed so as to prevent them from seeing and avoiding potential hazards. Particular responsibility is placed on employers and occupiers of commercial premises to ensure that all traffic routes (whether for vehicles, fork lift trucks or people on foot – both employees and visitors) are clear of obstructions on the floor surface, and this applies as much to the outside of the premises as is does to the inside of the building.

A falling accident can happen when someone falls down stairways, through unprotected windows, through open manholes or when a barrier or fence gives way. Truckers often fall from the backs of their vehicles because of, for example, a slippery surface due to the presence of water or other fluids, or a badly maintained trailer bed. Falling from a height can be the result of the most minor slip or trip, but can have devastating effects. Falling into a quantity of liquid (whether in a tank, a ditch or a pond) could result in drowning. If the liquid was acidic or caustic a permanent injury might be sustained. Defective scaffolds, towers, ladders and other platforms can also be the cause of a fall from a height, and this type of accident accounts for 25% of all workplace deaths. Falling items, such a heavy tools, can also cause catastrophic injuries if they land on someone below.

Employers and occupiers of commercial premises must also provide safe access and good visibility at the point where plant and vehicles enter and leave the workplace. Employees and visitors should always be segregated from vehicle access ways and, wherever possible, be kept well away from dangerous machinery.

If an employer or occupier of such premises fails to make it safe and someone is injured as a result, then they may find themselves liable to compensate the injured person in respect of the injuries sustained and any financial losses suffered, for example lost earnings. They will likely be insured against such a situation, however many accidents could be avoided by proper organisation and management of the premises.

QUESTIONS & ANSWERS

When making a delivery of stationery to an office at a factory, I caught my toe in a hole in the carpet and fell forward, breaking my nose on a desk. The company said I should have been looking where I was going and as I was not their employee they are not responsible for my injury. Is this right?

It does not matter whether you were employed by them or not. You were an authorised visitor to the premises and the company owed you a duty of care to ensure you were safe during your visit. The defective carpet was an accident waiting to happen and your claim against the company should be successful.

I regularly use the works canteen, and the kitchen staff take particular pride in making sure the floors are clean and have a good shine. The floor is often wet at meal times and rarely do you see a warning sign. I am worried about slipping on the wet floor and injuring myself. I have a young family to support and cannot afford to lose wages.

Your employers should ensure that the kitchen staff do not clean the floors during periods of heavy use (ie at mealtimes) except in an emergency when, for example, there has been a spillage that needs cleaning up immediately. However, even in this situation there should be a warning sign so people are directed away from the wet area. If you slipped on the wet floor when there was no warning sign you would have a good claim against your employer, and this would include compensation for the injury as well as any lost wages if you had to take time off work.

Can I make a claim if I slip and fall off the back of my lorry, even if the cause of the fall was rain that made the surface slippery?

Your employer has a duty to make sure that you have a safe working environment and this includes the back of the lorry, even though it is fully exposed to the weather. A steel covered flatbed trailer would be just as slippery when wet as when covered with ice. Even a wood surface can become dangerous, especially if there is an accumulation of oil and dirt ingrained into the wood, which when wet makes it very slippery. An employer could also be liable where the fall was caused by hooking your toe in a hole in the floor of the trailer, or catching your toe on a damaged or raised metal plate.

ENDS

(Other Personal Injury FAQs)

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