Lost footing at work case won for GMB Member

Dated:

Ankle InjuryAfter the GMB union asked Simpson Millar to bring an action in respect of a domestic assistant's accident at work, we won a settlement of £8,500 against the local council.

Our client was employed by the Council for some 31 years in total with the last 7 being at her current location.

At around 11am on 4 August 2011, the domestic assistant was asked to move her car. She left the building, moved the vehicle and returned to the main door, where she used the call system.

Since the door remained unanswered, she decided to enter the building at the rear, for which she needed to use the footpath and gate to the side.

Our client followed some stepping-stone paving to the rear gate, which she found locked. As she turned back towards the front of the building, she lost her footing in a ditch which ran alongside the stepping stones.

She immediately heard a sharp crack and felt an intense pain in her left foot. After she had hopped to the front entrance to report the accident, our client was taken to Aamp;E.

Our client, who was 56 at the time, was told after receiving X-rays that her lost footing had caused her to sustain a fracture to her left foot: an injury which required on-going treatment for some months after the accident and forced her to take time off work.

On instruction from the GMB union, we alleged that the local council was responsible for the injury. In our view the Council had failed to ensure that the pathway was safe for reasonable use; failed to reasonably identify that the stepping stone layout was unsafe; and was negligent in that it exposed our client to a real danger and risk of harm.

There were 12 counts in all, contravening the Workplace (Health Safety and Welfare) Regulations 1992.

On the basis of a medical report and our claim schedule, we were able to negotiate a settlement against the Council of £8,500.




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