Is it possible to make an injury claim for tripping in the office over boxes which were left on the floor by delivery men? If so, against who?
Any claim for tripping in the office has to show that you sustained a quantifiable injury due to somebody else´s negligence – usually your employer. However, in this case, there are three possible scenarios – either your employer was negligent in failing to provide a designated delivery location for boxes to be left, the delivery men were negligent by failing to use a designated delivery location, or you yourself were negligent by walking through a designated delivery location when you tripped. The first issue to deal with is that you sustained a quantifiable injury due to tripping in the office.
The way in which it is established that you sustained an injury is through your medical records. Therefore, if you relied on first aid in the office after you had your accident, or waited until you got home to tend your injuries, it is important that you seek a professional medical examination as soon as possible – either at a hospital or your GP´s surgery – and have your injuries officially recorded.
Please note: If you wait too long period before seeking professional medical attention, it could be claimed by the defendant in a claim for tripping in the office that your injuries were not serious enough to warrant a medical examination at the time.
Thereafter, it has to be determined whether your accident was the result of your employer being in breach of the Workplace (Health, Safety and Welfare) Regulations 1992 which states that “traffic routes” in the workplace should be kept clear of hazards and obstructions. An interpretation of this law would imply that if there was no designated delivery area at work, your employer has failed in his duty of care to provide you with a safe environment in which to work and is liable for your injuries. In this scenario, an injury claim for tripping in the office could be made against your employer.
If your employer had provided a designated delivery area, but the boxes over which you tripped had been left in a “traffic route” by delivery men, it would be the delivery company against whom a claim for an injury due to tripping in the office would be made. Details of the delivery company would be available from your employer, who would no doubt support you in a claim for tripping in the office; however, the report of your accident should still be made in your employer´s “Accident Report Book”.
The final scenario – in which you tripped over boxes in a designated delivery area – would not entitle you to claim injury compensation for tripping in the office as your accident was solely attributable to your own lack of care.
To find out more about making an injury claim for tripping in the office, and to determine the best way of collecting evidence in support of your claim, you should speak with an office accident claims solicitor at the first practical opportunity.