If a waiter slipped on a wet floor in a kitchen and badly injured his knee, can he claim injury compensation?
If a waiter slipped on a wet floor in a kitchen, it may be possible to claim compensation for slipping in a kitchen provided you can demonstrate that there was a failure in a duty of care and that staff failed to remove or alert you about the hazard in time to prevent the accident.
Your employer has a duty of care to ensure that staff are kept reasonably safe while working on the premises; this includes ensuring that floors are regularly monitored for potential hazards which could lead to fall. A water spillage should have been noticed by staff however in order to determine whether you are entitled to claim compensation for slipping in a kitchen, the length of time the water was left lying there will first have to be determined.
Your employer cannot be held accountable for every accident that occurs and if a waiter slipped on a wet floor in a kitchen, there is the possibility that the accident could not have been prevented even with the highest level of diligence by the staff. If the water had just been spilled on the floor, it may not have been reasonable to expect it to have been noticed and removed in time to prevent your accident. A claim for a fall at work would not be possible if this was the case.
It is the responsibility of the claimant — with the assistance of a personal injury solicitor – to ensure that evidence of the negligence of the employer is collected to support a claim for a fall at work. Evidence can include an accident book report as proof that the accident occurred in the kitchen along with statements from witnesses in order to ascertain that the floor was wet.
CCTV camera recordings can be especially important in a claim for compensation for slipping in a kitchen, as it should be possible to establish how long the water had been on the floor prior to the accident. Under the Data Protection Act, you are entitled to request access to any recorded footage of you from a CCTV camera.
You are best advised to speak with a personal injury solicitor in this instance as they will advise you whether a compensation claim is possible if a waiter slipped on a wet floor in a kitchen and if so how you should proceed with your claim.