In November 2017, our client, an employee of Dundee City Council, suffered an accident at work. He was referred to Thompsons Solicitors in Scotland by his union so that we could assist him in seeking slip accident compensation for his personal injuries.

The background

Our client was employed as an admin assistant working in an office off Jack Martin Way in Dundee. He routinely walked with the aid of an elbow crutch.

On the date of the accident, he arrived at work as usual at around 7am; however, the building was still locked up as the security guard had not yet arrived. At 7.20am, a handy man arrived on site and let our client into the building.

As our client neared his section, towards the rear of the ground floor, the overhead light sensors failed to activate and, as he went towards the window to open the blinds, his crutch caught on a black bin liner which had been left on the floor.

The crutch slipped from underneath him and he fell onto his right knee. He also twisted his back, wrenched his right shoulder and injured his left leg as he went down.

The handyman took our client to his GP so he could be examined.

The consequences

The fall had aggravated our client's existing condition of chronic back pain and sciatica. He also suffered continued numbness above his left knee and in January 2018 he underwent an operation.

Medical evidence showed that our client's pre-existing back problems were exacerbated by more than one year and the incident led to a major depressive episode with anxiety for one year.

Thompsons' work accident solicitors intimated a claim with our client's employers and, initially, liability was admitted. However, settlement was not forthcoming and we were forced to raise workplace accident litigation under the Management of Health and Safety at Work regulations 1999 and Workplace (Health Safety and Welfare) Regulations 1992.

The settlement

Disappointingly, after we had raised the accident at work claim in the All-Scotland Sheriff Personal Injury Court, our client's employer then denied liability.

A settlement agreement was finally reached on 24 May 2022. Our client received £7,000 in work accident compensation.