Case study: Garage Worker Receives £35,000 Compensation for Slipping on Ice at Work

How His Employers Failed in their Duty of Care

First, we investigated what had caused him to slip at work. We researched the weather reports from the day of the accident, which did warn of the prevailing icy and freezing conditions. We also asked Richard if there was any CCTV of the area he fell. He was confident there was, and he requested this, and fortunately, the CCTV was saved. We used this to prove how he fell, and to prove the presence of the icy conditions he fell on.

We alleged that Richard’s employers were responsible for the injuries and losses he suffered in the accident. They had failed to:

• adhere to the weather warnings for that particular day;
• check that all areas on their premises had been fully gritted, particularly the forecourt; outside which was exposed to the icy conditions
• keep a continuing check on the area throughout the day and top up the gritting as required.

How Our Expert Personal Injury Solicitors Helped

We presented the claim to the Insurers of the garage, who were his employers at the time of the accident. Things became a little complicated because Richard had not pursued his claim straight away, because he wanted to focus on his recovery.

By the time he started a claim, the company he used to work for had gone into administration. But we were still able to trace who the relevant Insurers were at the time of the accident and we presented a claim on his behalf.  Because the company he had worked for were no longer trading, they did specifically ask to see the CCTV. We were able to provide this as proof of his accident.

We argued that if they were not able to fully grit that area, they should’ve cordoned off that part of the premises, ensured it was not available for use by employees, and marked out a safe walkway area for them to use instead.

The Insurers Admitted Liability

Fortunately, the Insurance company admitted liability for the accident. They did however argue that Richard had caused or contributed to his injuries by not looking where he was going, and not wearing the right type of footwear.

We rejected the Insurance company’s arguments that Richard was partly responsible for his accident. We argued that the area he fell was their direct responsibility. Because of where they’d positioned and parked other vehicles on the forecourt, the route and walkway he took was the only one available to him. He’d taken all precautions for his own safety by wearing the steel toe capped boots which his employer had supplied.

Richard was fortunate to be paid in full by his employer whilst he was absent from work during his period of recovery. But, he needed help and assistance from his family, which we were also able to claim for. Along with the time and assistance from his family, Richard also needed some continuing ongoing care with heavier tasks, which involved bending or kneeling which we also claimed for.

We instructed an expert Orthopaedic Surgeon, who specialised in hip fractures, to examine Richard. The surgeon prepared a report detailing his injuries and provided an opinion on his level of recovery and whether he would be left with any permanent symptoms. He confirmed the injuries that the hospital had diagnosed, and he expressed the opinion that, whilst Richard had made a good recovery, he had been left with ongoing pain and discomfort. This would be permanent, and Richard would be restricted in doing certain jobs and tasks involving kneeling and bending in the future.

How Simpson Millar Claimed Compensation for Richard    

After negotiations with the insurance company, taking into account litigation risks, we recovered £35,000 of compensation for Richard.

Our specialist lawyers achieved the most important outcome for him – and he was able to recover compensation which would provide him with a pot of money to access further treatment and assistance in the future.

This case is important, because it highlights that even if a company is no longer trading, it is possible for us to search for who their Insurer was at the time and still be able to pursue a claim.

Employers' Liability Insurance Claims – Claiming after a company has closed

It is, and has been for many years, a requirement for employers in England and Wales to hold insurance policies to cover them in case an employee is injured whilst in their employment. These are known as Employers' Liability Insurance policies.

These insurance policies also cover any illnesses that become apparent in later life, and it’s actually from these insurance policies that claims are paid in delayed claims.

That’s because the insurance policies in place at the time of employment continue to be valid long after the business they insured has gone out of business. Over the years, our Solicitors have become experts at locating these insurance policies, and helping you seek compensation.

We also have access to huge databases that hold the details of insurance policies for thousands of UK companies as far back as the 1950s. So, it’s rare that we can't find an insurance policy to cover at least part of a person’s claim.

In those cases where we cannot trace insurance for a company that’s no longer trading, there are in certain cases schemes available so that a claim can be pursued.

So if you’ve suffered an accident that was caused by your work, but thought you couldn't claim compensation because the business that employed you no longer exists, then get in touch with our Accidents at Work Solicitors to see if we can help you.

Contact Us

Our expert Solicitors have helped many people who have suffered an accident at work, such as:

• Accidents involving broken or dangerous machinery Building and construction site accidents Falls from height
• Manual handling accidents (lifting or carrying)
• Struck by a moving object
• Slip and trip accidents

If you or a loved one has suffered a life-changing injury, we can help you get the right support and advice. With Simpson Millar, you’ll have a whole team on your side. We have some of the best personal injury solicitors in England and Wales and other specialist legal teams to meet all your needs. This should reassure you that you’ve come to the right place. Call us on 0808 239 3227 and let us, help you.