Tripping accident at work means damages for CWU member of nearly £5K
Having sustained soft tissue injuries following a tripping accident on an uncut strappex
at his office, a postal worker has been awarded compensation
The Communications Workers Union
(CWU) member had been sorting at the Delivery Office's flat frame at around 6.40am.
The worker, who was an Operational Postal Grade (OPG), stood up and was walking away from his desk when his foot was caught in an uncut strappex cable
The cable was one of a number, both cut and uncut, which had been discarded close to the bin
by his desk.
The trip caused the OPG to suffer a soft tissue injury, for which he attended Crawley Hospital and was forced off work
for 2 days. He also needed physiotherapy
in the weeks following the accident.
Although the bin itself was overflowing with strappex cables and sorting waste following the earlier shift, cleaners do not start work emptying the bins and clearing the floors until between 9 and 9.30am. This means our client's shift had to contend with an untidy working area for almost 3 hours every morning
On his behalf, Simpson Millar alleged that the Royal Mail, as the OPG's employer, was responsible for his injuries in that it failed in its duty under the Workplace (Health, Safety and Welfare) Regulations 1992. The floor of the delivery office was not kept free from plastic strappex cables, constituting a hazard for anyone walking on it.
The defendant also failed in its duty under the Occupier’s Liability Act 1957 by not taking reasonable care
to ensure our client would be reasonably safe in using the premises. There were 3 other counts under the same legislation.
Since liability was denied by the CWU member's employer throughout the claim process, the case was issued and eventually listed. Prior to the trial, we were able to obtain favourable witness statements which forced the defendant to concede liability. A claim of £4,975 was settled
just a few weeks before the trial was scheduled.