Can I claim for tripping on loose carpet in an office if I fractured three fingers when I fell?
It may be possible to claim for tripping on loose carpet in office compensation if it can be proven that your injuries were sustained because of your employer’s negligence. All employers have a duty of care to provide their employees with a safe and hazard free working environment. If they are found to have breached this duty for any reason — lack of sufficient staff training, unsafe practices or poorly maintained work premises, to name but three examples — they can be named as the party responsible in a personal injury at work compensation claim.
It has to be shown, however, that the injuries mentioned in your claim for tripping on loose carpet in an office were sustained in the course of your employment. Furthermore, your employer’s duty of care is not “absolute” meaning that if your accident was caused by a hazard which no staff member could have rectified in a “reasonable” amount of time; you would not be able to claim compensation against your employer.
It would be beneficial to your claim, therefore, if you have collected the details of any witnesses to the accident and if you could access any available CCTV footage that could prove liability. Your claim could also be supported by having your injury recorded in the business’s Accident Report Book.
However, in every personal injury case, your first priority is your own health. If your injury was serious enough, an ambulance should have been called. You should have at least seen your own GP not only to have your injuries treated professionally but also in order to have your injuries reported in your medical records. Any significant gap between the date your accident occurred and the date your medical history was updated could potentially lead to accusations of contributory negligence.
In Ireland, almost all personal injury claims are first evaluated by the Injuries Board and you would be required to submit an application for your claim for tripping on loose carpet in office to be assessed. Although you are not legally obliged to engage with a solicitor at this stage of proceedings, you would be well advised to do so as you would be at a distinct disadvantage without a solicitor’s assistance.
Most people who have no experience in making a claim for tripping on loose carpet in office would have no idea if the assessment proposed by the Injuries Board is reasonable or not. Without the advice of an experienced solicitor, they could accept a much lower figure than what would accurately represent their level of pain and suffering.
By engaging a workplace solicitor from the initial stages of your claim, you would know what level of compensation you should qualify for, and that you are well prepared should your case go to court.