Successful claim for an agency worker who suffered a wrist injury after a slip on an icy roof
August 18, 2022
Our client worked as a labourer through an agency. He was sent to work for the defendant company and was instructed to work on a roof, despite icy conditions. The work area on the roof was very untidy and our client had the misfortune to trip on a piece of debris. While trying to steady himself, he slipped on ice, fell, and injured his wrist. Initially, he didn’t want to make a claim and was just seeking to recover the two months wages he lost while he was unable to work. As the company wouldn’t pay him, he was left with no choice but to find a solicitor and make a claim for compensation.
The company had a health and safety policy in place clearly stating work areas should be tidied between shifts and labourers should not work in icy conditions. However, as often happens, this was not being followed. The company denied all liability for the accident, claiming the workplace was safe and our client had been fully trained. This is not unusual. Many employers claim they always give health and safety training (even to very temporary agency workers) and think that having a written policy is all they need to do when, in fact, they should also ensure it is being adhered to.
The company also tried to blame the agency, despite them playing no role in health and safety on site, or having any control over the way the work was being carried out.
When we were unable to get the company to admit liability, we started court proceedings and put together the evidence to prove the workplace health and safety policies were not being followed. Shortly after starting the legal process, the insurers began to negotiate, and we were able to achieve a very satisfactory settlement for our client, without the need for a trial. The settlement comprised our client’s lost earnings in full, as well as compensation for his injuries and legal costs.
If you have been injured in an accident that wasn’t your fault, call James Hemsley on 020 8313 1300 or email james.hemsley@marsons.co.uk for a free, no obligation chat about whether you can make a no win, no fee claim.
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The information contained in this article is intended for general guidance only. It provides useful information but it is not a substitute for obtaining legal advice as the articles do not take into account specific circumstances. So do please Contact US for legal advice on the issues raised.
