A care service provider has agreed a £20,000 damages settlement with an employee who fractured her leg in a fall when visiting a patient’s home.
The accident at work claim was brought against the employer by Hudgell Solicitors on behalf of the worker, alleging a lack of risk and safety assessments had been carried out at the property, resulting in the premises being left in an unsafe state.
The carer, who was 62-years-old at the time, had been leaving the patient’s home at the end of her visit when she slipped on decking which had become wet and slimy.
In a legal case issued against the care provider, which provides services nationwide, Hudgell Solicitors highlighted a string of alleged failings under the Workplace (Health, Safety & Welfare) Regulations 1992 laws.
A legal representative of our Accidents at Work team said: “This case acts as a reminder to all employers providing domiciliary care in people’s homes that they have a duty to properly inspect and assess the properties before sending employees to visit them.
“Employers have a duty to ensure the environment is safe for their staff to visit, with appropriate measures taken to reduce the risk of accidents and injury, either through making workers aware of potential dangers, or by taking steps to address them.
“People have the right to expect a safe place of work and not be exposed to a foreseeable and unnecessary risk of injury.
“In this case our client informed us that she was not aware of any risk assessment of the premises being carried out, and therefore no inspection or maintenance of the decking in the rear garden of this property had taken place.
“Our client had not been warned about the decking boards, which had not been treated with anti- slip treatment and didn’t have any anti-slip matting at the time. She sustained a fracture to her femur, requiring open reduction and internal fixation in hospital, and was left unable to work for some time as a result.”
Damages secured without need for court hearing
Hudgell Solicitors were able to secure a £20,000 compensation settlement for the woman despite liability being denied by the defendant at all stages.
Our injury at work solicitors sought damages to cover the woman’s injury, loss of earnings due to a number of absences caused by the injury and subsequent surgery, and care.
Proceedings were issued for the matter to go before a judge to decide upon liability, but a settlement was then agreed between the two parties without the need for a court hearing.
