Fall on Icy Footpath at Work

John sustained a fractured ankle when he was working in a factory.   The accident happened outside of the main entrance to the factory when he was coming out from a toilet.   There had been very bad weather at the time and there was a lot of ice of the ground.    There was a ramp up to the toilet and there was no hand rail to assist people coming to and from the toilet to maintain their balance.   John told me that he had spoken over the phone to Solicitors whose details he got on the internet.  He was told that this was an act of God and that he couldn’t claim compensation for falling as a result of ice and bad weather.  I told John to obtain photographs of the accident site and to call in to see me so that we could discuss the matter in detail.

I told John that I could not give him an opinion to say that he had a good case or not until I saw the photographs and spoke to him.

John attended for a consultation and it became clear very early on that a hand rail should have been placed beside the ramp to help people maintain their balance.  This was a breach of the building regulations and a breach of the Health & Safety at Work Acts.    I instructed a consultant litigation Engineer to do a report and his report clearly stated that John’s employers were liable for his injuries.   The insurance company subsequently settled John’s claim.

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