Finding your footing: workplace accident claims

Workplace accidents can happen to anyone, no matter how careful they are. Accidents occur across all sectors, ranging from retail and office spaces to healthcare and construction sites.

Slips, trips, and falls rank as the leading cause of injuries sustained in the workplace. The Health and Safety Executive (HSE) reported that slips, trips and falls accounted for 31% of the 61,663 non-fatal workplace accidents recorded in 2023/24.

Slips, trips and falls often arise from hazards such as:

• Wet floors.
• Uneven surfaces,
• Poor lighting,
• Unsafe stairs or ladders, and
• Misplaced objects.

Slips, trips and falls are frequently viewed as minor events. However, in many cases they bring with them life-changing consequences. As well as sustaining an injury, those injured may also suffer from other financial losses such as lost earnings and the cost of treatment to assist in the recovery of their injuries.

In some circumstances, the injured individual may be entitled to pursue a personal injury claim against their employer. Whilst the thought of pursuing a claim against your employer can be daunting, under the Health and Safety at Work Act 1974, employers owe their employees a duty to provide them with a safe working environment and with safe and suitable work equipment. The legislation is designed to protect the wellbeing of employees, contractors, and the public from risks associated with work activities.

We recently represented an employee who sustained life-changing injuries due to a tripping accident in the workplace. The employee suffered an injury when they tripped on trailing wires from machinery. The wires in question had been complained of prior to the accident, but no remedial steps were taken by the employer. The wires were attached to equipment that was used daily by the employee, and their colleagues. Through investigations, we learned that the machines were outdated and had been replaced in similar settings due to the risks that they posed.

We pursued a claim for personal injury on behalf of the injured employee by raising a claim in the All-Scotland Personal Injury Court. The injured employee had sustained significant injuries to their face, jaw and teeth because of their accident. They underwent numerous corrective procedures during the claims process. Due to the nature of the injuries, they will also require future, extensive dental treatment on a lifelong basis. We were able to secure a settlement which compensated our client for the serious injuries suffered and funds to cover the costs of all dental treatment required (both in the past and in the future).

If you are involved in an accident at work, report the incident to your employer to ensure they record it, for example in the accident report book. Where appropriate, and if safe to do so, it can also be helpful to take contact details of anyone who witnessed your accident and take photos of the cause of the accident.

At Harper Macleod, we understand the importance of health and safety in the workplace. Our team of experienced solicitors can assist in achieving the best possible outcome following an accident at work. If you have been injured due to an accident at work, don’t hesitate to contact a member of the team.