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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Hello I had a slip yesterday inside the entrance to my work.

Resolved Question:

Hello

I had a slip yesterday inside the entrance to my work. I work at a school. As I past the gate and went to walk down the hill towards the entrance I slipped on wet ground. The ground is made of concrete and was very slippery from rain. There are no stairs. It is a hilly area and the school is on the lower ground floor. The public footpath is higher than the school and therefore there is a slope leading down to the school. The path was so slippery that I slipped very quickly as I walked down the incline and was unable to stop myself from going down.

I suffer from hypermobility (it means my joints are very flexible and the muscles are not as strong as they should be to support me) and am more suseptible to injury because of this. I was wearing flat pump shoes.

The school assisted me with an icepack and painkillers and allowed me to leave to go to a&e. They said nothing was broken but the area was very inflamed in my lower back where I landed. I went to the chiropractor and they did some manipulations and have recommended I need to come back again in two days. This is privately at £55 for first session and £33 from then on. (I was already seeing a chiropractor to assist me with hypermobility, but only every 7 weeks.) A&E also referred me on NHS for physio but I cannot get an appointment until next week.

I started working at the school only a month ago.

Could you please advise my legal position.

Much appreciated.

Sarah
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are you hoping to achieve inn this situation?

Customer:

I would like to maintain a positive relationship with my employer and to know whether it would be fair for me to ask them to cover the cost of my treatment for the injury. I would also like to know if the entrance to the school is likely to comply with health and safety law.

Ben Jones :

have similar incidents happened in the past?

Customer:

Do you mean have similar accidents happened to me? Or at the school?

Ben Jones :

at the location where this happened?

Customer:

I would not know as I have only worked there for one month.

Ben Jones :

The school, as your employer, would have a duty to ensure the health and safety of its employees. However, they would only be responsible for reasonably foreseeable risks, rather than anything that could possible happen on their premises. So in these circumstances a lot would depend on whether it was known that the area you slipped on was prone to becoming unsafe when wet, if there have been previous incidents that may have prompted the employer to consider the risks associated and if it would have been reasonably expected of them to do anything about this and take measures to reduce the risks of slipping, even things like just putting up signs around.


 


So before you approach the employer and accuse them of being liable for this, you need to take all of the above into consideration. You would need to see if you can find out whether there were previous incidents or if others had raised concerns about this particular area when it gets wet.

Customer:

Ok. If I find that there have been previous incidents and nothing has been done (worst case scenario) what would they be obliged to cover financially?

Ben Jones :

that would be a point of contention because they can only be held responsible for direct costs incurred with treating the injury, assuming you did not contribute to it being made worse. So treatment costs you could try and claim but if they refuse, which they can, you are really only looking at a personal injury claim against them in the civil courts

Customer:

Ok. Thanks for answering my question!

Ben Jones :

you are most welcome, all the best

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