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There are many professions that require employees to work outdoors or travel outdoors between appointments throughout their working day such as care/social workers, doctors/nurses on call, paramedics, police, salespeople, the fire brigade, postmen/postwomen, farmers, window cleaners and many more.
All of these people are subject to the elements of the British weather in all seasons. So what happens if the weather is the main cause of an accident whilst on duty? Who is to blame?
In a recent case in Scotland, a care worker slipped on an icy path as she made her way to the house of a housebound patient. The care worker injured her wrist and sued her employer for £150,000 in damages. The care worker’s employer appealed against the decision and the judges, second time round, went in favour of the firm citing that the risk of falling on an icy path arose “from ordinary facts of life in Scotland”.
The care worker has now taken her case to the Supreme Court to try and get the appeal decision overturned; the hearing takes place next month. The care worker’s solicitor said, “This case has important implications for workers, not just in Scotland, but across the whole UK.”
If the care worker’s employer had provided her with adequate footwear such as spiked snow shoes, she wouldn’t have slipped on the icy path and injured her wrist.
All employees, regardless of the profession they do, have a right to a safe working environment. Employers should provide that safe environment, taking all reasonable steps and required safety measures to reduce the risk of accidents to their employees. These steps and safety measures can be anything from providing safety clothing to making sure machinery has the correct guarding.
Businesses need to abide by the Health and Safety laws that are in place to make the work place safe and to protect employees from unnecessary injury or harm. Businesses are also required to have Employer’s Liability Insurance which covers them should an employee have an injury at work.
Personal Injury Lawyers at Claims Direct can help you deal with your work accident compensation claim on a No Win, No Fee basis. This means there is no financial risk to you.
Call Claims Direct for a free consultation on freephone 0800 884 0321 or start your claim online and we will be happy to help you.
Have a question about claiming compensation for work accidents? Ask us in the comments below.
Claims Direct is a trading name of Slater and Gordon UK Limited, a company registered in England & Wales with registration number 07931918, VAT 125 446 327, registered office 50/52 Chancery Lane, London WC2A 1HL and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority and authorised and regulated by the Financial Conduct Authority for insurance mediation activity.