Accident at work case highlights employers duties and responsibilities
Digby Brown Solicitors acted for an individual injured in an accident at work in Fife, successfully proving fault and securing rightful compensation.
How did the accident at work happen?
On the day of the accident, the pursuer (our client) was working on his employer’s site but having to go between two buildings.
The most convenient way to make this journey was across a sloped grass verge and then on to a gravel area which was uneven.
The employers were aware this was an accepted route and was regularly used by their employees.
The pursuer had reached the base of the grass verge when he went over on an indentation in the ground, fracturing his left ankle.
Employers dispute responsibility for accident at work claim
The defenders disputed that they were responsible in any way for the pursuer’s accident at work.
They alleged that the pursuer had failed to prove his case against them by failing to show that the path was so uneven that it exposed him to a risk of injury and also that he had failed to prove that any unevenness had actually caused his accident.
Case went to court to prove who was at fault for the accident
The cases proceed to a hearing in court at which the question of who was liable for the accident was decided.
The judge held that the defenders should not, in the exercise of the reasonable duty of care they have towards those that work for them, have allowed employees, such as the pursuer, to use this route on site.
It was held that there was a real and foreseeable risk of an employee going over his ankle and sustaining an injury on the uneven surface at the foot of the grass slope, which was indeed exactly what happened to our client.
Employer prohibited unsafe route after accident at work
The hearing in court highlighted that, after the accident, the defenders had prohibited the use of this route - something they could and should have done before then.
In addition, the court also held that the defenders had breached their duties in terms of the legal regulations incumbent upon them.
Risk of injury and health and safety
The route that the pursuer took, and the surface of that route, was not suitable and exposed him to a risk of injury and was a risk to his health and safety.
Established employer at fault and compensation for injury awarded
Digby Brown were successful in establishing that the accident was caused primarily by the failures of our client’s employers.
As a result, he was awarded fair and appropriate compensation for his injuries and losses.
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